Terms & Conditions Full

Agreement

  1. About these Terms
    1. In these Terms, “we”, “us” or “our” means Affix Group Pty Ltd (ACN 605 589 955) and includes its subsidiaries, and their respective directors, employees and agents. “You” or “your” means the Employer who accepts these Terms. Additional definitions are set out in clause 18.
    2. You should read these Terms carefully. They apply to your use of our Platform.
    3. By using or accessing the Platform, you indicate your acceptance of these Terms. By accepting these Terms, you agree to the obligations imposed on you under these Terms and, in exchange, we agree to provide you with access to the Platform. If you do not agree to these Terms you should immediately cease accessing and using the Platform.
    4. We reserve all rights to alter these Terms at our discretion. Each time you use the Platform, it is your responsibility to be aware of our current terms. Your continued use of the Platform following the posting of changes to these Terms will be deemed your acceptance of those changes.
    5. These Terms, as amended by us from time to time, continue to apply for the duration of your use of the Platform and Services or until terminated in accordance with clause 8.
  2. Overview of Services
    1. Hive provides an online Platform where Employers can connect with high quality, vetted candidates. This allows Employers to find their next great hire and manage the recruitment process from end-to-end, on their own terms. While we will endeavour to coach and support you through the process, Employers will ultimately be responsible for managing the recruitment process. We do not supply or sell goods and/or services on, or via, the Platform.
    2. To use the Services, an Employer must register for an account in accordance with clause 4.
    3. If you register for an account in accordance with clause 4 and your registration is accepted by us, you will have access to the Services and will be able to:
      1. search and find Candidates’ profiles on the Platform;
      2. send interview requests to Candidates whom you would like to commence the recruitment process with;
      3. receive notifications when each Candidate to whom an interview request was sent either accepts or rejects the booking request;
      4. view a list of all Candidates who have accepted an interview request;
      5. access your Platform use history and receipts;
      6. contact our support directly; and
      7. contact Candidates directly to make inquiries and requests;
      8. pay any Recruitment Fees via the Platform’s integrated payment providers.
  3. Using the Services
    1. You must ensure that your access to, and use of, the Services is not illegal or otherwise prohibited by laws that apply in your jurisdiction.
    2. Any information on the Platform or otherwise provided to Employers is supplied in good faith but we do not guarantee its accuracy or completeness. You agree that it is your responsibility to make enquiries as to the accuracy or completeness of any information pertaining to a Candidate.
    3. You are responsible for verifying the suitability of a Candidate when you engage them as an employee. Despite our best efforts to verify the suitability and quality of Candidates on the Marketplace, you acknowledge that, to the extent permitted by law, we can’t be sure of the repute or credibility of any Candidate. While we hope any Candidate will be a great fit, we also make no guarantees as to the capacity or willingness of the Candidate to succeed in any role in your organisation.
    4. You agree that you have sole responsibility for any activity that occurs on your account. You are responsible for not sharing login credentials with any unauthorised users. You must keep your account details and password secure, as you are responsible for any activity on your account (whether undertaken by you or anyone else). You agree to notify us immediately if you become aware of or suspect any security breach or unauthorised use of your password or account.
    5. The Platform may contain links to other websites. Those links are provided for convenience only and may not be current. Any hyperlinks or banners advertising other websites on the Platform, or external websites that advertise the Platform, are not subject to our control or privacy standards, policies and procedures. We will not be responsible for the content or privacy practices associated with such linked websites and we recommend that you make your own enquiries as to the privacy and other policies of those third parties.
    6. You must take precautions to ensure that when accessing the Platform or Services, you do not expose your telecommunications or computer systems to viruses, malware or other forms of interference that may damage your telecommunications or computer systems. We are not responsible for any such damage to your telecommunications or computer systems which may arise in connection with your access to the Platform and use of the Services.
    7. While using the Platform, and any associated Services, you must not:
      1. misuse any part of the Platform by introducing viruses, trojans or other material that is malicious or technologically harmful;
      2. attempt to gain unauthorised access to any part of the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform;
      3. engage in any activity that interferes with or disrupts the Services or the servers and networks that host the Services; or
      4. attempt to circumvent, disable or otherwise interfere with any security-related features of the Services or any features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Services or the content of the Platform.
    8. We may contact you by email or provide you with information by posting notices on the Platform. It is your responsibility to ensure that you have correct contact details registered with us, that you give us written notice of any changes to your contact details, and that you check your nominated email address regularly for any correspondence.
    9. We may, at our absolute discretion, terminate, suspend or delete your account or restrict your access to the Services (or any part of the Services) for any reason without notice. This includes for security, technical, maintenance, legal or regulatory reasons or due to any breach of these Terms. If we do this, you may be prevented from accessing your account details or other content contained in your account. We will not be liable to you or any third party for doing so.
    10. You must not upload any content to the Platform that promotes intolerance, racism, illegal behaviour or contains defamatory content. We reserve the right (but not the obligation) to amend or remove any content uploaded to the Platform without the uploader’s consent and without notice to the uploader (including for the purposes of attempting to avoid the upload of content prohibited by this clause 3.10).
    11. If you fail to comply with these Terms, we may, in our absolute discretion and without liability:
      1. immediately, temporarily or permanently withdraw your right to access and use the Services and the Platform (including deletion of your account);
      2. take any other legal action against you; or
      3. refer or report any suspected fraudulent, abusive or illegal activity to relevant law enforcement authorities.
  4. Registration
    1. To access certain parts of the Platform and Services, you must register with us by providing us with Registration Data as requested. You may not use one email address to register for multiple accounts.
    2. We reserve the right to decline your registration request if you do not pass our verification process.
    3. If you provide Registration Data to us, you represent and warrant to us that the Registration Data provided is true, complete, accurate and up to date, and you undertake to maintain the truthfulness, completeness and accuracy of your Registration Data as necessary and/or as required by us.
    4. If you provide us with Registration Data, you consent to the following:
      1. we may provide your Registration Data to Candidates for the purposes of providing you with the Services;
      2. you may receive emails from us regarding details of your registration, recruitment process taking place through your account, and/or information relating to your access and use of the Services and your account; and
      3. from time to time, we may email you regarding our Services or third-party products and services which we believe may be of interest to you, such as new products, features, special offers and updated information. The emails may contain code that enables our database to track your usage of the emails, including whether the email was opened and/or what links (if any) were clicked. We may combine that information with other information which we have about you and may use that information to improve your site experience and/or provide customised email communications to you.
    5. You acknowledge that we may use your Registration Data and any other personal information provided to us in accordance with our Privacy Policy.
  5. Pricing
    1. All prices listed on the Marketplace are in Australian Dollars and exclusive of goods and services tax (GST) unless otherwise specified.
  6. Recruitment
    1. Once a Candidate has been introduced to you via the Platform, you are responsible for all aspects of the recruitment process, including the provision of position descriptions, coordination of interviews, managing assessment (if required) and contacting references.
    2. You acknowledge and agree that a listing on the Marketplace regarding a Candidate constitutes mere information and does not form part of any offer for the Candidate to be employed by your business. Any future engagement is subject to the Candidate’s willingness to be employed. For the avoidance of doubt and with the exception of the payment of any Recruitment Fees, the terms of any employment arrangement arising from use of the Services is between you and the Candidate to the exclusion of us.
    3. A registered Employer may only communicate with Candidates via the Platform. You acknowledge and undertake that you will not, in any circumstance, attempt to communicate, solicit, engage or otherwise employ any Candidate whom you were introduced to via the Platform, outside of the Platform. In such circumstances, any applicable Recruitment Fee will be due and payable immediately unless you can provide documentary evidence that proves the existence of a Relationship between you and the Candidate before the Introduction Date.
    4. You must not advocate, support or practise discrimination based on race, religion, age, national origin, language, gender, parental status, sexual orientation, or mental or physical handicap. Any complaints regarding abuse or derogatory behaviour on the part of any Employer may see such an Employer removed from the Platform, result in the termination or suspension of their account and/or lead to restricted access to the Services, at our absolute discretion.
    5. At the time that you list any employment opportunities via the Platform, you must be willing and able to provide such jobs to successful Candidates. All salaries listed on the Marketplace should be in Australian Dollars, unless otherwise specified. You are expected to respond to Candidates’ requests within a reasonable timeframe.
    6. You are responsible for checking the suitability of services offered by Candidates via the Platform with Candidates directly.
    7. In the event you recruit a Candidate via the Platform who is an independent contractor or freelancer, you will be required to execute a separate Master Services Agreement (MSA) with us. The MSA will provide legal terms which are specific to that Candidate’s engagement.
  7. Payment and Recruitment Fees
    1. Once a candidate has been successfully employed, engaged by the Employer, the Recruitment Fee is immediately due and payable. The Recruitment Fee is a fixed fee which will be notified to you, in writing, when you use the Platform and Services.
    2. Recruitment Fees may be paid as a one-time, lump sum fee of $7500 plus GST or as a monthly fee, of $750 plus GST paid on a recurring basis over the course of 12 months.
    3. Payments of Recruitment Fees may be made via electronic funds transfer or direct debit. We use Payment Processing Services provided by IntegraPay. As a condition of enabling Payment Processing Services through IntegraPay, you agree to provide us with accurate and complete information about your business, and you authorise us to share it and transaction information related to your use of the Payment Processing Services provided by IntegraPay in accordance with our Privacy Policy.
  8. Termination
    1. In addition to our rights under clause 3, we may, at our absolute discretion, terminate these Terms or cease to supply you with access to the Platform and/or the Services, if:
      1. it transpires that you have provided false or misleading information on the Platform;
      2. you materially breach these Terms with regard to confidentiality or privacy;
      3. you are found by us to be offensive or abusive to a Candidate or other Employer; or
      4. you fail to pay any fees or charges payable by you on time or at all.
    2. If your access to the Platform and/or the Services is terminated for any reason, we will be entitled to payment for any outstanding fees or charges properly incurred by us up to the date of termination and any fees or charges incurred during any applicable notice period or otherwise specified in these Terms.
  9. Warranties
    1. We will, within a reasonable period of time, investigate any alleged error or issue regarding any of the Services, provided that you notify us in writing within seven (7) days of becoming aware of the error or issue with all necessary information to be able to investigate the error or issue. Notwithstanding, you agree that our liability will be limited in any event to the right to attempt redelivery of the Services to you.
    2. You agree to use your reasonable endeavours to ensure that the information that you supply us or any Candidate is complete and accurate and notify us (and, if relevant, the Candidate(s)) in writing if there is any change to the information supplied.
    3. Except as provided in these Terms, no further warranty, condition, undertaking or term, express or implied, statutory or otherwise as to the condition, quality, performance or fitness for purpose of the Services provided in accordance with these Terms is given by us, other than as required by law. All implied warranties are hereby excluded.
    4. Nothing contained in these Terms excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation where to do so is unlawful.
  10. Liability
    1. To the extent permitted by law, we will not be liable for any loss, expenses, liabilities, costs or damage caused by viruses, system failures or other technologically harmful material that may infect your computer equipment, programs, data or other material due to your use of any part of the Platform or downloading of any material posted on it or on any website linked to it. We recommend Employers ensure they have up-to-date virus checking software installed.
    2. You agree that we will not be liable for any indirect, consequential, special or exemplary losses, expenses or liabilities, or loss of profits, loss of revenue, economic loss, loss of goodwill, corruption or alteration of data, failure to realise anticipated savings, loss of opportunity, expectation loss or loss of production, arising out of, or in connection with, the provision or use of the Services, the Marketplace, the Platform or these Terms.
    3. You agree that, in any event, our maximum aggregate liability to you under these Terms will be no more than the total value of any Recruitment Fees paid in the preceding 6 months.
    4. The Employer acknowledges and agrees that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.
    5. This clause 10 survives termination or expiry of these Terms.
  11. Indemnity
    1. To the fullest extent permitted by law, you agree that you waive, release, discharge and relinquish any and all claims that you have now or may have against us which are connected with, arise out of, relate to or are incidental to the provision of the Platform and your use of the Services.
    2. You indemnify us, and hold us harmless, from and against any and all claims, loss, damage, taxes, liabilities and/or expenses that may be incurred by us arising out of, or in connection with, your use of the Platform, the Services and any breach by you of these Terms.
    3. You agree and acknowledge that we will not be liable or responsible for any loss or damage suffered by any Candidate due to your actions, and you indemnify us from and against any and all claims by any Candidate in relation to your actions (including content created and posted by you).
    4. This clause 11 survives termination or expiry of these Terms.
  12. Intellectual Property
    1. You acknowledge that all Intellectual Property Rights in the Services, Marketplace and Platform are the property of us (or our licensors) and your use of, and access to, the Services, Marketplace and Platform does not give you any rights, title or interest in or to the Services, Marketplace or Platform. Unless expressly authorised either under these Terms or otherwise by the licensors, you may not reproduce, adapt, modify, display, perform or distribute the Services, Marketplace or Platform or any part of the Services, Marketplace or Platform.
    2. You may not modify or copy the layout or appearance of the Services or any computer software or code contained in the Services, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Services.
    3. You must not in any form or by any means reproduce, modify, distribute, store, transmit, publish, use or display the Services, Marketplace or Platform on another website or commercialise any information obtained from any part of the Services, Marketplace or Platform without our prior written consent.
    4. By uploading, posting, transmitting or otherwise making available any Material via the Services, Marketplace or Platform, you:
      1. grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, publish, reproduce and otherwise exploit the Material in any form for any purpose and unconditionally waive any moral rights that you might have in respect of the Material; and
      2. represent and warrant that you either own the Intellectual Property Rights in that Material or have the necessary permission to upload, post, transmit or otherwise make available that Material via the Services, Marketplace or Platform.
  13. Confidential Information and Privacy
    1. You agree not to use or disclose confidential information received or disclosed to you via the Platform, save for such use or disclosure necessary and required to perform your obligations under these Terms. Disclosure will be, in any event, only made to your employees, officers, agents or contractors to whom it is necessary to do so and who are directly involved in performing your obligations.
    2. You must, in connection with your use of the Platform;
      1. ensure that you and your employees, officers, contractors and agents are aware of your obligations under all applicable Privacy Laws;
      2. at all times comply with your obligations under applicable Privacy Laws; and
      3. take reasonable steps to assist us to comply with our obligations under applicable Privacy Laws as may be notified to you from time to time.
    3. We are committed to protecting your privacy and personal information. Further details about our practices relating to the collection, use, disclosure and storage of your personal information can be found in our Privacy Policy.
  14. Unavoidable Events We will not be liable to you if we are prevented from, or delayed in, providing the Services due to acts, events, omissions or accidents beyond our reasonable control (“Unavoidable Events”). Where an Unavoidable Event occurs, we will attempt to recommence provision of the Services as soon as reasonably practicable.
  15. Dispute resolution
    1. If you have a complaint about the performance of these Terms or the Services, you will contact us at [email protected] in the first instance and allow us reasonable time to consider your complaint, determine a possible solution and notify you of the solution.
    2. The parties must, before resorting to court proceedings (except for interlocutory or interim relief), initially refer any dispute under or relating to these Terms to a nominated representative of each party to endeavour to resolve the dispute within 20 days. If the dispute is not resolved within 20 days, then either party may, in its absolute discretion, initiate court proceedings.
    3. This clause 15 survives the expiry or termination of these Terms.
  16. Linking to the Platform
    1. You may link to the Platform, provided that you do so in a way that is fair and legal and does not damage, or take advantage of, our reputation. You must not establish a link in a way that suggests any form of association, approval or endorsement by us where none exists.
    2. You must not establish a link to the Platform from any website that is not owned by you (except with the website owner’s express permission).
    3. The Platform must not be framed on any other website.
    4. We reserve the right to withdraw linking permission under this clause 16 by updating these Terms on the Platform.
  17. General
    1. Any provision of these Terms that is found to be void or unenforceable will, to the extent that it is void or unenforceable, be severed from these Terms without affecting the enforceability or validity of any other provisions.
    2. A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.
    3. These Terms are governed by the laws of Victoria, Australia. The parties unconditionally submit to the exclusive jurisdiction of the courts exercising jurisdiction there.
  18. Definitions
    1. In these Terms, the following expressions have the following meanings, unless otherwise stated:
      Candidate” means any individual who is listed on the Platform for the purposes of possible employment or engagement by the Employer;
      Employer” means an employer who utilises the Platform, the Marketplace or the Services to evaluate and recruit suitable Candidates for their business;
      Intellectual Property Rights” means all present and future intellectual and industrial property rights throughout the world of whatever nature (whether or not registered or registrable), including, but not limited to, all rights in respect of technical information, know-how, copyright, trade marks, designs, patents, domain names, business names, logos, drawings, trade secrets, the right to have confidential information kept confidential or other proprietary rights, or any rights to registration of such rights;
      Introduction Date” means the date a Candidate was introduced to an Employer via the Platform;
      Marketplace” means the online portal located on or via the Platform through which Employers can find and recruit Candidates;
      Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Platform, or otherwise displayed, uploaded or published on, or via, the Platform;
      Payment Processing Services” means any services that we provide pursuant to these Terms which are to be used to process payments in relation to Recruitment Fees accrued on the Marketplace;
      Platform” means the Hive web-based platform located at www.affix.com.au/hive or any other website nominated by us from time to time and any
      associated services, software, networks or processes;
      Privacy Policy” means our privacy policy, available at: www.affix.com.au/privacy
      Privacy Laws” means the Privacy Act 1988 (Cth) and the General Data Protection Regulation (EU 2016/679) (as applicable);
      Purchaser” means any person or entity that purchases goods and/or services listed by a Candidate for sale on the Marketplace;
      Recruitment Fee” means the fee payable to us by the Employer as a fee for successfully placing a Candidate.
      Registration Data” means information provided by you to us for the purposes of your registration to access certain sections of the Platform including, but not limited to, your company name, nominated contact details, phone number, email address and any relevant hiring projection questions;
      Relationship” means a relationship between a Candidate and an Employer, the subject matter of which concerned prospective employment opportunities for the Candidate;
      Services refers to the Marketplace, the Platform and any associated services we provide pursuant to these Terms; and
      Terms” means these Employer Terms of Service which govern your use of the Platform.