Terms of Service

1. Agreement to these Terms

These Terms of Service (“Terms”) govern your access to and use of the website outliersearch.site (the “Website”) operated by Outlier Search Pty Ltd (ABN 91 702 569 944) (“Outlier Search”, “we”, “us” or “our”). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must discontinue use of the Website immediately.

Engagement of our recruitment and search services is governed by separate written service agreements or engagement letters entered into between Outlier Search and its clients. Where a signed service agreement exists, the terms of that agreement prevail over these Terms to the extent of any inconsistency.

2. Our Services

Outlier Search Pty Ltd provides recruitment and search services from Perth, Western Australia, including talent sourcing, candidate identification, executive search, screening and shortlisting, and placement support for employers, as well as career advisory assistance for candidates. The specific scope, deliverables, fees and timeframes for any engagement will be set out in the applicable service agreement.

Information on the Website describing our services is provided for general information purposes only and does not constitute an offer to provide services, a quotation, or professional advice tailored to your circumstances.

3. Use of the Website

When using the Website, you agree that you will:

• use the Website only for lawful purposes;
• not submit false, misleading or fraudulent information, including in relation to your identity, qualifications, employment history or business details;
• not attempt to gain unauthorised access to any part of the Website, its servers, or connected systems;
• not scrape, harvest, or systematically extract data from the Website without our prior written consent;
• not transmit malware, spam, or content that is defamatory, offensive, harassing, discriminatory or otherwise unlawful; and
• not use the Website in any manner that could damage, disable or impair the Website or interfere with other users.

We reserve the right to restrict, suspend or terminate access to the Website at our discretion, including where we reasonably believe these Terms have been breached.

4. No Guarantee of Employment or Placement

For candidates and job seekers: nothing on the Website or in our communications constitutes a promise, guarantee or warranty that employment, an interview, or a placement will be secured. Hiring decisions rest solely with employers. We do not act as the employer of candidates we represent unless expressly agreed in writing.

For clients: while we apply professional care, skill and established search methodology to every engagement, we do not guarantee that a search will result in a successful placement, or that a placed candidate will remain in a role for any particular period, except as expressly stated in the applicable service agreement.

5. Fees and Payment

Fees for recruitment and search services are payable in accordance with the service agreement applicable to each engagement. Unless otherwise agreed in writing, invoices are payable within fourteen (14) days of issue. Overdue amounts may, at our discretion, accrue interest and/or result in suspension of services. All fees are expressed in Australian dollars and are subject to GST where applicable.

6. Intellectual Property

All content on the Website, including text, graphics, logos, branding and layout, is owned by or licensed to Outlier Search Pty Ltd and is protected by Australian and international intellectual property laws. You may view, download and print content from the Website for personal or internal business use only. You must not reproduce, distribute, modify or commercially exploit any Website content without our prior written consent.

Candidate profiles, shortlists, research materials and search methodologies produced for a client remain subject to the intellectual property and confidentiality provisions of the applicable service agreement.

7. Third-Party Links and Content

The Website may contain links to third-party websites or resources. Such links are provided for convenience only and do not imply endorsement. We make no representations regarding the content, accuracy or practices of third-party websites and accept no responsibility for any loss or damage arising from your use of them.

8. Privacy

We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Details of how we collect, use, store and disclose personal information are set out in our Privacy Policy. By using the Website, you consent to the collection and handling of your personal information as described in that policy.

9. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any rights, guarantees, remedies or warranties that you have under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other applicable law, which cannot be excluded, restricted or modified by agreement.

Our services may come with guarantees under the Australian Consumer Law that cannot be excluded. For consumers (as defined by the Australian Consumer Law), you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

10. Limitation of Liability

To the maximum extent permitted by law, and subject always to clause 9 (Australian Consumer Law):

• the Website and its content are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied;
• we do not warrant that the Website will be uninterrupted, error-free, or free of harmful components; and
• we will not be liable for any indirect, incidental, special, consequential or punitive loss or damage, including loss of profits, revenue, data or business opportunity, arising from your use of, or inability to use, the Website.

Where liability cannot be excluded by law, our total aggregate liability for any claim arising in connection with the Website is limited, at our election, to the resupply of the relevant services or the cost of resupplying them. Liability arising under any signed service agreement is governed by that agreement.

11. Indemnity

You agree to indemnify and hold harmless Outlier Search Pty Ltd, its directors, employees and agents from and against any claims, losses, liabilities, damages, costs and expenses (including reasonable legal costs) arising out of or in connection with your breach of these Terms or your unlawful use of the Website.

12. Termination

These Terms take effect on the date you first access the Website and remain in force until terminated. We may terminate or suspend your access to the Website at any time without notice. Clauses which by their nature are intended to survive termination (including intellectual property, limitation of liability, indemnity and governing law) shall survive termination.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. You submit to the non-exclusive jurisdiction of the courts of Western Australia and any courts of appeal from them.

14. Changes to these Terms

We may update these Terms from time to time by publishing a revised version on the Website. The revised version takes effect upon publication. Your continued use of the Website after publication constitutes acceptance of the updated Terms. We encourage you to review this page periodically.

15. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision shall be severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

16. Contact Us

For any questions, notices or disputes relating to these Terms, please contact:

Outlier Search Pty Ltd
ABN 91 702 569 944
Perth, Western Australia
Email: ceo@outliersearch.site

You may also reach us via our contact page or request a proposal through our quote request form.