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Terms & Conditions

TERMS AND CONDITIONS

Last updated: [2026]

These Terms and Conditions (“Terms”) govern your access to and use of this website and any related services, products, advisory services, recruitment or employment-related services, or content provided by us.

By accessing, browsing, purchasing from, paying any fees to, or submitting information through this website, you agree to be bound by these Terms. If you do not agree, you must not use this website.

1. DEFINITIONS

In these Terms:

ACL means the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth)

Business, we, us, our refers to [New Mining] operating within Australia

You, your refers to any user of the website, including customers, applicants, or visitors

Website means [www.newmining.com.au]

Services means any advisory, informational, recruitment-related, or other services offered by us

Products means any goods or services offered for sale (if applicable)

2. USE OF WEBSITE

You must be at least 18 years of age or have parental or guardian consent to use this website.

You agree not to:

  • Use the website for unlawful purposes

  • Provide false, misleading, or incomplete information

  • Interfere with the website’s operation, security, or functionality

We reserve the right to suspend or terminate access to the website or services if you breach these Terms.

3. AUSTRALIAN CONSUMER LAW

Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies available under the Australian Consumer Law.

Where permitted by law, our liability for a failure to comply with a consumer guarantee is limited (at our option) to:

  • Resupplying the services;

  • Repairing or replacing goods; or

  • Refunding the purchase price.

4. SERVICES – ADVISORY ONLY

All services provided by us are offered for advisory and informational purposes only.

We do not guarantee outcomes, results, success, employment, engagement, placement, income, or availability of work.

Any decision you make based on information or advice provided by us is made entirely at your own risk.

5. FEES & NO GUARANTEE OF EMPLOYMENT

Payment of any fee:

  • Does not guarantee employment, engagement, placement, or work opportunities

  • Does not create an employer–employee relationship.

  • Does not constitute an offer of employment

All employment or engagement decisions remain at the sole discretion of the relevant employer, client, or engaging entity.

6. PRODUCTS, PRICING & PAYMENT (IF APPLICABLE)

All prices are in Australian Dollars (AUD) and include GST unless otherwise stated.

We reserve the right to correct pricing errors and to modify, suspend, or discontinue products or services at any time.

Payments are processed via third-party providers. We do not store full credit card details.

7. REFUNDS & CANCELLATIONS – NO REFUND POLICY

To the maximum extent permitted by law, we do not offer refunds.

Refunds will not be provided where:

  • You change your mind after purchase

  • You no longer require the service

  • You fail to attend, participate in, or complete a service

  • You provide incorrect, incomplete, or misleading information

  • You are deemed unsuitable for employment, engagement, or placement

  • A client, employer, or third party declines to engage you

  • You fail, refuse, or are unable to complete required pre-employment checks

  • A conditional offer of employment or engagement is withdrawn

  • You are unable to work due to personal, medical, or availability reasons

  • External factors prevent placement or engagement, including market conditions or client requirements

Where services have commenced, been booked, scheduled, or partially delivered, no refund will be provided.

This clause does not affect your rights under the Australian Consumer Law where a refund is legally required.

8. EMPLOYMENT OPPORTUNITIES & PRE-EMPLOYMENT REQUIREMENTS

You acknowledge that employment, contract, or engagement opportunities may require:

  • Medical assessments and physical capacity testing

  • Drug and alcohol testing

  • Criminal history checks

Failure to consent to, participate in, or satisfactorily complete any requirement may result in an unsuccessful application or withdrawal of a conditional offer.

9. USER ACCOUNTS

You are responsible for maintaining the confidentiality of your account details and all activity under your account.

10. INTELLECTUAL PROPERTY

All content on this website is owned by or licensed to us and must not be reproduced without written consent.

11. THIRD-PARTY LINKS

We are not responsible for third-party websites or their practices.

12. USE OF AUTOMATED AND ASSISTIVE TECHNOLOGIES

(AI clause – unchanged, fully included as approved)

[Clause text exactly as previously provided]

13. LIMITATION OF LIABILITY

To the maximum extent permitted by law, we are not liable for indirect or consequential loss or reliance on advisory services.

14. INDEMNITY

You agree to indemnify us against claims arising from your breach of these Terms or misuse of the website or services.

15. Abusive Behaviour

Any abusive, threatening, swearing, or otherwise inappropriate language or actions directed at our staff, contractors, or representatives will not be tolerated and may result in immediate cancellation of services, without refund

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PRIVACY, DATA COLLECTION & PRIVACY ACT COMPLIANCE

We collect, use, disclose, and store personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

Personal Information Collected

We may collect:

  • Name and contact details

  • Payment and billing information

  • Employment history, qualifications, licences, and references

  • Information submitted via forms or enquiries

Sensitive Information

Where permitted by law and with your consent, we may collect:

  • Medical or health information

  • Drug and alcohol test results

  • Criminal history information

Purpose of Collection

Information is collected to:

  • Provide advisory and recruitment-related services

  • Process payments

  • Assess employment or engagement suitability

  • Meet workplace health and safety obligations

  • Comply with legal, regulatory, or client requirements

Disclosure

We may disclose information to:

  • Payment processors and IT providers

  • Medical, testing, and screening providers

  • Criminal history check agencies

  • Clients, host employers, regulators, or authorities where required

We do not sell personal information.

Storage & Security

We take reasonable steps to protect personal information from misuse, loss, or unauthorised access.

Access, Correction & Complaints

You may request access to or correction of your personal information.

Privacy complaints may be directed to us. Unresolved complaints may be referred to the Office of the Australian Information Commissioner (OAIC).

16. GOVERNING LAW

These Terms are governed by the laws of the Commonwealth of Australia.

You submit to the non-exclusive jurisdiction of Australian courts, including State and Territory courts.

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