Terms And Conditions

User Agreement
This User Agreement is between you (‘customer’) and Fire Recruitment Australia (FRA)and any related company of FRA.
PLEASE READ THIS AGREEMENT BEFORE USING ANY FRA PROGRAM OR SERVICES provided by FRA. BY DOWNLOADING, INSTALLING OR USING ANY PROGRAM OR SERVICES YOU (“the Customer”) SIGNIFY ACCEPTANCE OF AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
(“Customer” or “you”) agree to the terms of this Agreement, if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Service. This Agreement is effective as of that date that you accept it. Customer and FRA hereby agree as follows:
1. Definitions
1.1. “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the Customer entity signing this Agreement. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
1.2. “Customer Data” means all electronic data submitted by or on behalf of Customer to the Service.
1.3. “Coursework” means completing cognitive/aptitude tests (if applicable as part of your membership), completing question builder activities and practice responses for at least 5 questions in the question library, completing at least two certifications and submitting evidence of completion.
1.4. “Documentation” means FRA user guides and other end user documentation for the Service available on the online help feature of the Service, as may be updated by FDR from time to time including without limitation the materials available at https://firerecuitmentaustralia.com.au
1.5. “Enrolment Form” means an ordering document that specifies the Service, Training Services, Support Services, and/or Professional Services purchased by Customer under this Agreement that is entered into by Customer and FRA (or any
Affiliate). Enrolment Forms shall be subject solely to and incorporate by reference the terms of this Agreement. By entering into an Enrolment Form and User Agreement hereunder, the Customer agrees to be bound by the terms of this Agreement.
1.6. “FRA Application” means a web-based, offline, mobile, or other Program application functionality that is provided by FRA to the Customer.
1.7. “Free Trial Service” means any FRA service or functionality that may be made available by FRA to Customer to try at Customer’s option, at no additional charge, and which is clearly designated as “beta,” “trial,” “non-GA,” “pilot,” “developer preview,” “non-production,” “free trial,” “evaluation,” or by a similar designation.
1.8. “Professional Services” means implementation and configuration services provided by FRA in connection with the Service, as described more fully in a Statement of Work. Professional Services also include online training and mentoring.
1.9. “Program” means educational training services, strategy courses, aptitude one on one sessions group aptitude training sessions, talent screener tests, physical aptitude tests, coaching on obtaining the skills to obtain the role, personality profiling services, guidance on cover letters and resources.
1.10. “Refund” means no refunds will be granted if access and utilise coaching sessions have been used by the Customer. No refunds will be granted for Intensive Coaching Plan due to the limited positions and timelines. If the Customer has purchased a coaching membership that requires phone interview and has a change of mind, a refund minus $295.00 for administrative fees will be deducted from the refund. FRA will apply its discretion and may provide a refund on the basis that coursework has been completed within 14 days of subscription. Any discounted purchases or products purchased with bonus coaching or under a “Fast Action Bonus” have a 7 day refund period.
1.11. “Service” means the products and services purchased by Customer and provided by FRA, as specified on the Enrolment Form.
1.12. “Statement of Work” means a document that describes certain Programs and Professional Services purchased by a Customer under this Agreement. Each Statement of Work shall incorporate this Agreement by reference.
1.13. “Support Services” means the support services provided by FRA in accordance with the Statement of Work. In the event that the level of support is not identified in the Enrolment Form, Customer shall receive a “basic” level of support that is included in the Service.
1.14. “Term” has the meaning set forth in Section 11.1.
1.15. “Users” means individuals who are authorised by FRA Customer to use the Service, for whom a subscription to the Service has been procured. Users may include, for example, Customers and contractors, agents and employees of FDR.
2. Grants
2.1 Licence Grant: Subject to the terms and conditions of this Agreement, FRA grants to Customer a non-exclusive, non- transferable licence (except as otherwise set forth herein) to (a)install, execute, copy, display or otherwise use the FRA Program in machine readable format solely for internal use and solely for the number of person(s) specified on an Enrolment and (b) use the Documentation solely to obtain employment in the fire services industry. Customers may make a reasonable number of copies of the Program i n machine-readable form solely for archive or backup purposes in accordance with Customer’s standard archive or backup policies and procedures.
2.2 Use of such Program greater than the number of Identity Enrolment’s paid, is prohibited and any such use will be subject to additional subscription fee.
2.3 No Third-Party Use: The Program may only be used by the person enrolled in the Program. Outsourcing to any persons who is not enrolled in the program is prohibited and is a breach of the terms of this Agreement.
3. Free Trials, Service, Professional Services, and Training Services.
3.1. Free Trials: If Customer registers for a Free Trial Service on FRA’s website, FDR will make such Free Trial Service available to Customer on a trial basis, free of charge, until the earlier of (a) the end of the free trial period for which Customer registered to use the applicable Free Trial Service(s), or (b) the start date of any Service subscription purchased by you for such Service(s). Notwithstanding anything to the contrary in this Agreement, during the free trial, the Free Trial Service is provided “as-is” without any representation or warranty.
3.2. FRA’s Obligations: FRA shall make the services and Program available to Customer pursuant to this Agreement and all services during the Term, and grants to the Customer a limited, non-sublicensable, non-exclusive, non-transferable right during the Term to allow its Users to access and use the Service in accordance with the Documentation, solely for Customer. During the Term, the functionality of the Service will not materially decrease. The Customer agrees that its purchase of the Service or the Professional Services is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written public comments made by FRA with respect to future functionality or features.
3.3. Customer’s Obligations. Customer is responsible for all activities conducted in its Users’ logins on the Service. The Customer shall use the services in compliance with applicable law and shall not:
(i) copy, rent, sell, lease, distribute, pledge, assign, or otherwise transfer, or encumber rights to the Service, or any part thereof, or make it available to anyone other than its Users;(ii) send or store in the Service any personal health data, credit card data, personal financial data or other such sensitive data which may be, without limitation, subject to the Privacy Act Cth 1988; (iii) send or store infringing or unlawful material in connection with the Service; (iv) send or store viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs to the Service; (v) attempt to gain unauthorized access to, or disrupt the integrity or performance of, the Service or the data contained therein; (vi) modify, copy or create derivative works based on the Service, or any portion thereof; (vii) access the Service for the purpose of building a competitive product or service or copying its features or user interface; or (viii) delete, alter, add to or fail to reproduce in and on the Program the name of FRA and any copyright or other notices appearing in or on the Service or which may be required by FRA at any time. Any use of the Service in breach of this Agreement, Documentation or Enrolment Form by Customer or Users that in FRA judgment threatens the security, integrity or availability of the Service, may result in FRA immediate suspension of the Service; however, FRA will use commercially reasonable efforts under the circumstances to provide Customer with notice and an opportunity to remedy such violation or threat prior to such suspension.
3.4. Professional Services: Customer and FRA may enter into Statements of Work that describe the specific Professional Services to be performed by FRA. FRA shall provide any Training Services in accordance with FRA then-current Training Services terms. If applicable, while on Customer premises for Professional Services or Training Services, FRA personnel shall comply with reasonable Customer rules and regulations regarding safety, security, and conduct made known to FRA, and will at Customer’s request promptly remove from the program any FRA personnel not following such rules and regulations.
4. Title and Restrictions
4.1 Title and Copyright. This Agreement confers no ownership rights to Customer and is not a sale of any rights in theSoftware, the Documentation, or the media on which either is recorded or printed. The Customer does not acquire any rights, express or implied, in the Enrolment form or the Documentation and Program other than those rights as a licensee specified
4.2 All Programs, Enrolment forms and Documentation furnished by FDR, and all copies thereof made by Customer and all compilations, derivative products, programmatic extensions, patches, revisions, and updates made by either party, and any, patent rights, copyrights, trade secrets, trademarks, trade names, service marks, designs or design marks information included within any of the items described above are and shall remain licensors, as applicable. Customer agrees not to claim or assert title to or ownership of the Enrolment form or the Documentation. Customer will not remove or alter any copyright or proprietary notice copies of the Enrolment form or the Documentation and copies made by or for Customer shall bear all such copyright, secret, trademark and any other intellectual property right notices on the original copies.
4.2 Restrictions: Customers will not, nor allow any third party to reverse engineer, decompile or attempt to discover any source code or underlying ideas or algorithms of any Enrolment form or Program. Except as mutually agreed to in writing as an exception under this Agreement, Customer will not, nor allow any third party to modify, lease, lend, use for time sharing otherwise use or allow others to use Program for the benefit of any third party. The Customer agrees to promptly report to FRA any violations of these provisions.
5. Order and Delivery
5.1 Order: This Agreement may include an initial schedule or Order (which shall be attached hereto and incorporates the terms of this Agreement by reference). Customers may purchase additional Programs and/or services by executing a follow-on Order or by continuing with the subscription and as mutually accepted by the parties.In the event Customer, does not wish to continue with the subscription, 14 days notification in writing by the Customer to FRA will be required in advance and prior to the next monthly billing period. If the Customer does not inform FRA to cancel their Customer subscription it will be charged for the monthly subscription fee.
5.2 Delivery: FDR shall fulfil orders by delivering Program and Documentation via electronic download and online, subject to the receipt of all required documentation, including any required export and import permits. Customer’s order shall be delivered on the date that FRA receives emails instructions from the Customer to download the Program and Documentation.
5.3 Account Pause: The Customer is permitted to cancel its subscription for a period of no more than 3 months from the date the notice in writing is received by FRA. Once a pause is requested and accepted by FRA the account will be suspended. The account will be reactivated once notice is received from the Customer to FRA or on the anniversary of the 3-month period has ended. FRA subscription fees will apply unless the Customer has provided in writing the request to cancel FRA Program and services.
5.4 3 Year Elite Group: The 3-year Elite Group is not permitted to cancel, suspend or terminate the FRA, if the Customer requests the former then the Elite Group Coaching Package will be charged the three-year package.
6. Price and Payment
6.1 Price: The fees for Program, Professional Services (defined above), and Support and Maintenance Services are set forth in t h e Enrolment. The fees required to be paid f o r access to the Program and Professional Services are granted for a restrictive period as indicative of the Statement of Service. For ongoing usage of the Program, a monthly renewal fee will be dependent on the requested coverage ordered. The fees are:
• AUD $49.00;
• AUD$69.00;
• AUD$99.00; or
• AUD $199.00 will be applied once notification is requested by the Customer.
6.2 Payment: Customer agrees to pay FDR all the fees prior to the delivery of the product. Unless stated otherwise in any communications/invoice/quote or Agreement, the customer will have to pay all fees within the duration of time period mentioned in above deals. Customers will be invoiced promptly following delivery of the Program and or prior to the commencement of any Support and Maintenance renewal period. All fees charged will be in AUD currency. Customers are obliged to pay all accrued charges in order to survive the expiration or termination of this Agreement.
6.3 Changes in fees: If the Customer has entered into the Agreement at a subscription rate, and FDR increases the subscription rate, this will not apply to current Customers. The current Customer will remain on the same terms and conditions at the time of Enrolment.
6.4 Refund Policy: FRA anticipates the Customer will be satisfied with their services and Program. In the event, the Customer is dissatisfied with the Program and services, it is to the discretion of FRA to refund the fees once notice has been provided in writing within 30 days. To be eligible for a refund the Customer must provide evidence of Coursework and strategies completion.
7. Confidentiality
Each party (“Receiving Party/Recipient”) may, during the course of its provision and use of the Service or provision of Professional Services hereunder, receive, have access to, and acquire knowledge from discussions with the other party (‘Disclosing party”) which may not be accessible or known to the general public, such as technical and business information concerning hardware, software, designs, specifications, techniques, processes, procedures, research, development, projects, products or services, business plans or opportunities, business strategies, finances, costs, vendors, penetration test results and other security information; defect and support information and metrics; and first and third party audit reports and attestations (“Confidential Information”). Confidential Information shall not include, and shall cease to include, as applicable, information or materials that (a) were generally known to the public on the Effective Date; (b) become generally known to the public after the Effective Date, other than as a result of the act or omission of the Receiving party; (c) were rightfully known to the Recipient prior to its receipt thereof from the Disclosing party; (d) are or were disclosed by the Disclosing party generally without restriction on disclosure; (e) the Recipient lawfully received from a third party without that third party’s breach of agreement or obligation of trust; or (f) are independently developed by the Recipient as shown by documents and other competent evidence in the Recipient’s possession. The Recipient shall not: (i) use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, except with the Disclosing Party’s prior written permission, or (ii) disclose or make the Disclosing Party’s Confidential Information available to any party. Each party agrees to protect the confidentiality of the Confidential Information of the other party in the same manner that it protects the confidentiality of its own proprietary and confidential information of similar kind, but in no event shall either party exercise less than reasonable care in protecting such Confidential Information. If the one party is compelled by law to disclose Confidential Information of the other party, it shall provide the Disclosing party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the other party’s cost, if the other party wishes to contest the disclosure.
8. Warranty and Conditions.
8.1 Product Warranty: FRA warrants that the Program will materially conform to the accompanying Documentation for a period of seven (7) days from the date of initial delivery. If during the warranty period the Program does not materially conform to the Documentation, then FRA team will attempt to resolve any issues, if it couldn’t get resolved, only then FRA will refund the amount given that the request has been raised within 10 working days of subscription. Customer’s exclusive remedy under this provision is that FRA at their expense and option, either repair, replace, or refund the amount paid by Customer for the nonconforming Program. If refunded, Customer’s license in the use of the defective Program shall be terminated and the defective FRA shall be returned to FRA. FRA does not warrant that the operation of the FRA will be uninterrupted or error free, or that all Programs do not have defects. This warranty shall not apply if:
(a) the Program is not used in accordance with FRA’s instructions;
(b) the Program defect has been caused by any of Customer’s malfunctioning equipment or Customer provided software;
or
(c) Customer has made modifications to the Program not expressly authorised in writing by FRA.
9. Warranty Disclaimer.
9.1 This warranty is in lieu of all other warranties and is the only warranty granted by FRA with respect to the Software, Documentation, Program or the Services. There are no other express or implied warranties or conditions, oral or written, including those of merchantability or fitness for a particular purpose, satisfactory quality, regarding this Agreement or any License Indemnification
9.2 If a third party makes a claim against the Customer that Program infringes any patent, copyright or trademark, or misappropriate any trade secret (“Claim”), Customer shall (a) promptly notify FRA of the Claim, (b) give FRA sole control of the defence and settlement of the Claim, and (c) provide the assistance, information and authority reasonably requested by FRA in such defence and settlement. FRA shall defend Customers against the Claim at FRA’s expense and FRA shall pay all losses, damages and expenses (including reasonable legal fees) finally awarded against such parties or agreed to in a written settlement agreement signed by FRA, to the extent arising from the Claim.
9.3 The foregoing obligations do not apply with respect to Program portions or components thereof (i) not supplied by FRA, (ii) that are modified by Customer after delivery (iii) combined with other products, processes or materials where the alleged infringement relates to such combination which were unauthorised by FRA, (iv) where Customer continues use of the infringing Program following FRA’s supplying a modified, amended or replacement version of the Program or (v) where Customer’s use of such Program is not strictly used in accordance with this Agreement. Customer will reimburse FRA for any reasonable out of pocket expenses incurred by FRA if the cause of the infringement is attributable to Customer’s actions as stated herein.
9.4 In the event of such a Claim being brought or threatened or in the event an injunction is issued or threatened, FRA may, at its option and expense, either procure for the Customer the right to continue to use the Program , modify or replace the Program so as to avoid infringement, or accept the return of the infringing P r o g r a m and return the licence fee paid for such infringing Program Software.
9.5 The provisions of this Section set forth are the sole and exclusive discretion of FRA and the Customer’s sole and exclusive remedies, with respect to infringement of intellectual property rights and/or proprietary rights of any kind.
10. Non-Compete
10.1 Non-Compete: The User/Customer and any employee, contractor and agent of FRA must not engage in a business of a similar business to FRA within Australia. This includes without limits, engage in competing business of FRA by promoting, carrying on, passing off, operating indirectly or directly any business that competes with FRA.
10.2 Association with Competing Entity: The User/Customer and employee, contractor and agent of FRA must not have an equitable interest or legal interest of a similar or same business to FRA in Australia. This includes incorporating a business of similar nature as a shareholder, director or employee, consultant, advisor and financier.
10.3 Solicitation: Non-Compete: The User/Customer and any employee, contractor and agent of FRA must not entice, solicit or attempt to solicit a user/customer or employee/contractor to establish a competing business or with the intention of soliciting the customers/users from the services of FRA.
11. Limitation of Liability
11.1The Customer indemnifies FRA from any liability for: (i)death or personal injury caused by its negligence, or that of its employees, agents or subcontractors; (ii) willful misconduct, fraud or fraudulent misrepresentation by it or its employees; or any liability that cannot be excluded or limited by virtue of the Governing Law of this Agreement.
10.2 Subject to Section 10.1, in no event shall either Party be liable to the other for any:
(i) loss of profits;
(ii) loss of opportunity;
(iii) loss of revenue;
(iv) loss of or damage to goodwill;
(v) loss of savings (whether anticipated or otherwise);
(vi) loss of data; and/or
(vii) any indirect, special or consequential loss or damage.
12. Term and Termination
11.1 Term: This Agreement shall commence on the Effective Date and shall continue in effect unless terminated as set forth herein.
11.2 Termination: This Agreement, or a license granted hereunder, may be terminated (i) by mutual agreement of FRA and Customer, (ii) by either party if the other party commits a material breach of this Agreement and fails to cure such breach within thirty (30) days following receipt of breach notice, or (iii) by either party if the other party becomes insolvent or is adjudged as bankrupt; makes an assignment for the benefit of creditors; has a receiver appointed; or files a petition of bankruptcy.
11.3 Inappropriate conduct: Any disrespectful conduct towards employees, agents and contractors will result in termination of your account without refund.
11.4 Effect of Termination: Upon termination of this Agreement or expiration or termination of a license, all rights granted to Customer for the applicable license(s) shall cease and Customer shall immediately: (i) cease using the applicable Program and Documentation, (ii) return the applicable Program together with all Documentation and other materials associated with the Program and all copies of any of the foregoing, or destroy such items, (iii) cease using the Maintenance Services associated with the applicable License(s), (iv) give FRA a written certification that Customer has complied with all of the foregoing obligations, and (v) in case of termination due to an uncured Customer breach, Customer will pay FRA all amounts due and payable.
11.5 Survival: Upon termination of this Agreement, all of the parties’ respective rights and obligations hereunder shall cease, except that Sections entitled: “Title and Restrictions”, “Payment”, “Warranty Disclaimer”, “Intellectual Property Indemnification”, “Limitation of Liability”, “Confidentiality”, “Non-Compete”, “Effect of Termination”, and “General” Sections of this Agreement, shall survive such termination.
13. General
12.1 Anti-Money Laundering and Counter Terrorism Act 2006 and Rules 2007 (“AML”) (a) FDR shall ensure that, in relation to this Agreement and general business practices, it shall not engage in any activity, practice or conduct which may constitute an offence under any applicable AML. In particular, FRA shall not offer, promise or pay to, or solicit or receive from any other person (including public and government officials) or company, any financial or other advantage which causes or is intended to cause another person to improperly perform their function or activities in order to secure or retain a business advantage. FRA shall further ensure that, unless allowed or required by Australian law, it shall not offer, promise or pay to any person , company public government official any financial or other advantage in order to secure or retain a business advantage, including payment intended to induce officials to perform duties they are otherwise obligated to perform and would otherwise be illegal under the AML.
(b) As part of its internal measures to ensure compliance under this Section, FRA shall have in place and maintain policies and procedures to assess the risk of, monitor, and prevent the breach of AML Laws and Rules. Where such policies are not published by FRA generally on its website or are otherwise made available generally, such policies and procedures shall be provided to Customer upon Customer’s written request.
12.2 Severability: Should any provision of this Agreement be invalid, ineffective, or unenforceable, under present or future laws, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
12.3 Notice: Notices to either Party shall be in writing to the address indicated in this Agreement (or as later amended) and deemed effective when received.
12.4 Assignment: Neither party shall assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other party and any such prohibited assignment shall be null and void.
12.5 Entire Agreement: This Agreement and the schedules or exhibits attached hereto or incorporated by reference, constitute the entire agreement between the parties on the subject matter hereof and supersede all prior agreements, communications and understandings of any nature whatsoever, oral or written including any shrink wrap license included with the Program Software. This Agreement may not be modified or waived orally and may be modified only in writing by FRA.
12.6 Governing Law: This User Agreement shall be construed in accordance with the applicable laws of Australia. The Courts at Victoria, Australia shall have exclusive jurisdiction in any proceedings arising out of this agreement.
12.7 Signatures: This Agreement may be executed in multiple counterparts, each of which when executed will be an original, and all of which, when taken together, will constitute one agreement. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or other electronic transmission (including via pdf) will be effective as delivery of a manually executed counterpart.
12.8 Data Collection and Protection: FRA stores Customer business information, including business contact information (employee name, title, email, phone number, address, manager, role, etc. for the Customer personnel who interact directly with FRA), contract details (copies of fully executed agreements and summary details such as products and services purchased, contract effective date and renewal dates, amounts, etc.) and information about the Customer IT environment managed by the Services (Program version and related operating system, application server, web server, database, hardware specifications, etc.). Other than the foregoing, FRA does not require (and Customer shall not provide to FRA) sensitive or personal data of the Customer or any its employees or sponsors for the purposes of FRA providing the Services to the Customer and FRA shall ensure at all times that it complies with all applicable Data Protection Laws in relation to Customer Data, as required for the purposes of this Agreement. Notwithstanding the foregoing, and without prejudice to the same, in the event that Customer requires FRA to process data on its behalf, the parties shall put in place appropriate agreements to provide for the same and which are required and subject to the then-applicable Data Protection Laws.