1.1. This website is owned and operated by Momenta Operations Limited, company number 08263685 (Momenta) on behalf of the Momenta group of companies to include those listed at the bottom of these terms and conditions. Our registered office is at Tower 42, 25 Old Broad Street, London EC2N 1HQ.
1.2. Please read these terms and conditions carefully. They cancel and replace any previous versions. By using our website including our associates’ portal you agree to be bound by these terms and conditions relating to use of our website. This agreement does not affect any separate associate or employment contract that we may have, or may enter into, with you.
2. Use of our website
2.1. We grant you a limited personal right to use our website subject to these terms and conditions. We reserve the right at any time to terminate your right to use our website for any reason whether with or without notice.
3. Availability of our website and website functionality
3.1. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.
3.2. We may suspend or withdraw or restrict the availability of all and any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
4. Your content
4.1. You are responsible for your content (meaning all information which you publish, store
or send via our website) and for maintaining its accuracy.
4.2. It is your responsibility to make your own backup of your content to protect you in case of loss or damage to such material, to include CV data and copy timesheets. We are not responsible for such loss or damage.
4.3. We reserve the right to irretrievably delete your content at any time if we consider it
appropriate to do so.
5. Our content
5.1. We cannot guarantee that any general information that we may make available on our website is accurate or up to date, to include any description of an available role or position which may have been supplied by a client. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees whether express or implied, that the content of our site (or any reference to any role or position advertised) is accurate, complete or up to date.
6. Third party websites
6.1. We may link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or the goods or services which they offer. You use such third party sites at your own risk.
7.1. You acknowledge that we may process your personal data in accordance with the terms of our privacy and cookies policy, a copy of which is available on our website.
8.1. Your account on our website is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your user name and password and other account or identity information. You must not share these details with anyone else.
8.3. You must notify us immediately of any apparent or suspected breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
9. Intellectual property rights
9.1. All trademarks, logos, content (including our website’s structure and layout), graphics, images, photographs, animation, videos, text and software used on this site are our intellectual property or that of our partners or suppliers. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
9.2. You may not collect, scrape or harvest any content on our website or deep-link to or frame content on our website without our specific prior written consent.
9.3. You shall not copy or adapt the code or software that Momenta uses to generate its webpages or to on-board, pay or off-board personnel supplied for the purpose of working on its clients’ end-user clients.
10.1. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
10.2. You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
10.3. To the extent allowed by law, we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
10.4. The total liability (including any legal and other costs and interest payable) which we will incur under or in connection with the use of our site or software (or under the terms of this agreement) to you or any third party company who Momenta has agreed is entitled to rely upon or benefit from such use of the site or software (or terms of this agreement), whether for breach of contract, trust or statute, tort (including negligence) or otherwise, howsoever arising, shall be limited to a sum equal to the lower of of:
(i) the limit of Momenta’s professional indemnity insurance at the time any claim is notified; or
(ii) one month’s assignment fee relevant to the role being applied for (or being worked);
10.5. In no event (including our own negligence) will we be liable for any:
a) economic losses, including, without limit: loss of revenues, profits, contracts, business or anticipated savings;
b) loss or harm arising from the site becoming unavailable (by virtue of interruption, suspension or termination) for any reason, including where due to computer or communications link downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities;
c) loss of opportunity to be considered for a role or be subsequently engaged by a client in a role (whether through an umbrella company, another type of company supplying personnel for projects, as a fixed term employee or otherwise);
d) loss or harm caused by the misuse of users’ passwords and log-in codes;
e) any loss or harm caused by a failure to complete an application for a role;
f) loss of harm caused by any deficiency or inaccuracy in the site attributable to a lack of maintenance of the site;
g) loss of harm caused by any deficiency or inaccuracy in the site attributable to the accuracy, sufficiency or otherwise of an application for a role;
h) loss of goodwill or reputation;
i) special, indirect or consequential losses; or
j) damage to or loss of data (even if we have been advised of the possibility of such losses).
10.6. We are not responsible for viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful (harmful software) and you must not introduce them.
a) We do not guarantee that our site will be secure or free from software bugs or harmful software.
b) You are responsible for configuring your information technology, computer programmes and platforms to access our site.
c) You must use your own virus/spyware protection software.
d) You must not misuse our site by knowingly introducing harmful software.
e) You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.
f) You must not attack our site via a denial-of-service attack or a distributed denial of service attack. Your right to use our site will cease immediately if you do and we will report such an attack to the authorities.
10.7. You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement.
11. All users warrant that they have not relied upon any representation by Momenta of the Momenta group of companies which has not been expressly set out in these terms and conditions.
12. “Act of God”
12.1. We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
13.1. We may transfer all or part of our rights or duties under this agreement. As this agreement is personal to you, you may not transfer any of your rights or duties under it.
14. Changes to the terms and conditions
14.1. We may change these terms and conditions by posting the revised version on our website. You will be bound by the revised agreement if you continue to use our website following the effective date shown.
15. Termination of registration
15.1. Momenta maintains a discretion to cancel your registration at any time for any reason and reserves the right to do so where you breach the terms of this agreement and/or inappropriate use of this site or software.
16.1 Each of the terms of this agreement are intended to be separate and severable. If any of the terms shall be held to be void but would be valid if part of their wording were deleted, such term(s) shall apply with such deletion as may be necessary to make it valid or effective.
17 Governing Law and Jurisdiction
17.1 . These terms and conditions shall be governed by the law of New South Wales, Australia and are subject to the exclusive jurisdiction of the courts of New South Wales, Australia.
16.1. We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as
expressly stated otherwise.
17.1. If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.
For your information, the Momenta group of companies include:
- Momenta Customer Services Limited
- Momenta Interim Management Limited
- Momenta Operations Limited
- Momenta Solutions Limited
- Momenta Holdings (PPI) Limited
- Momenta Performance Academy Limited
- Momenta Group Limited
- Momenta People Limited
- Momenta Resourcing Inc
- Momenta Resourcing Pty Limited
- Momenta Associates Pty Limited
Version 3. Effective Date: 22nd October 2018