Terms of Service

Introduction

Welcome to Hyre. These Terms of Service ("Terms") govern your access to and use of our website, services, and platform (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

If you do not agree to these Terms, please do not use our Services.

Hyre operates as a professional recruitment service in Australia and complies with all applicable Australian employment laws and regulations.

Definitions

"We," "us," "our" refers to Hyre

"You," "your" refers to the user of our Services

"Candidate" refers to individuals seeking employment through our Services

"Client" refers to companies or organizations seeking to hire through our Services

"Services" refers to our recruitment services, website, and related offerings

Acceptance of Terms

By creating an account, submitting information, or using our Services, you confirm that you are at least 18 years of age, you have the legal capacity to enter into these Terms, all information you provide is accurate and complete, and you will comply with all applicable laws and regulations, including the Fair Work Act 2009 (Cth) and Australian anti-discrimination laws.

Services Overview

For Candidates

We provide recruitment services to help you find employment opportunities in the tech industry. Our services include job matching and placement, career guidance and consultation, resume review and interview preparation, and market insights and industry information.

For Clients

We provide talent acquisition services to help you find qualified candidates. Our services include candidate sourcing and screening, talent mapping and market intelligence, hiring process support, and workforce planning consultation.

User Accounts

Account Creation

You may need to create an account to access certain features of our Services. You agree to provide accurate, current, and complete information, maintain the security of your account credentials, notify us immediately of any unauthorized access, and be responsible for all activities under your account.

Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms, provide false or misleading information, your account is inactive for an extended period, or we discontinue our Services.

You may delete your account at any time by contacting us at hello@hyre.com.au.

Candidate Terms

Job Applications

By using our Services as a Candidate, you agree that we may submit your profile and application materials to potential employers with your consent, you will provide accurate information about your qualifications and experience, you are actively seeking employment or open to opportunities, and you will notify us if you accept a position or are no longer available.

Candidate Representations

You represent and warrant that your resume and application materials are truthful and accurate, you have the legal right to work in Australia or the locations you're applying, you will not misrepresent your skills, experience, or qualifications, and you own or have rights to any materials you submit to us.

Privacy and Personal Information

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

You acknowledge that we may share your information with potential employers and verify your credentials through reference checks and background verification services where appropriate and lawful.

Communication

By registering as a Candidate, you consent to receive job opportunity notifications, career-related updates and insights, and marketing communications (you may opt-out at any time by contacting hello@hyre.com.au).

Client Terms

Service Engagement

Clients engaging our recruitment services agree to provide accurate information about job requirements and company culture, respond to candidate submissions in a timely manner, conduct fair and lawful hiring processes in compliance with Australian employment laws, and compensate us according to agreed fee structures.

Compliance with Employment Laws

Clients must comply with all applicable Australian employment laws, including but not limited to the Fair Work Act 2009 (Cth) and Fair Work Regulations 2009, anti-discrimination legislation at Commonwealth and State/Territory levels, Australian Consumer Law (ensuring truthful and non-misleading recruitment practices), Workplace Health and Safety laws, Superannuation legislation, and Privacy Act 1988 (Cth) and Australian Privacy Principles.

Clients must not discriminate on the basis of age, race, sex, disability, religion, or other protected attributes in their recruitment practices.

Fees and Payment

Service fees will be outlined in separate service agreements. Payment terms will be specified in your client agreement. Fees are non-refundable unless otherwise stated in writing. Late payments may incur additional charges. All fees are quoted in Australian Dollars (AUD) and are subject to GST where applicable.

Candidate Ownership and Introduction Rights

Candidates introduced by Hyre remain our intellectual property for the introduction period specified in your agreement (typically 12 months). Clients agree not to circumvent our services by directly hiring introduced candidates without our involvement during the protection period. Standard introduction periods and replacement guarantees will be outlined in service agreements. If a candidate is hired through another channel but was previously introduced by Hyre within the protection period, standard fees may apply.

Client Responsibilities

Clients must comply with all employment laws and anti-discrimination regulations, provide a safe and lawful work environment, honor compensation and terms discussed with candidates, not use our Services to collect candidate information for purposes other than legitimate hiring, ensure job advertisements and descriptions are truthful and not misleading, and provide accurate information about employment terms, conditions, and salary.

Record Keeping

Clients engaging our services for labour hire arrangements acknowledge their obligations under relevant state and territory labour hire licensing schemes where applicable.

Anti-Discrimination and Equal Opportunity

We are committed to promoting equal opportunity and preventing discrimination in recruitment. All users of our Services must comply with Commonwealth and State/Territory anti-discrimination laws, not discriminate based on protected attributes including age, race, sex, pregnancy, disability, sexual orientation, gender identity, religion, or political opinion, ensure job advertisements and selection criteria are based on genuine occupational requirements, and take reasonable steps to eliminate discrimination and harassment.

We reserve the right to refuse service to any party engaging in discriminatory practices.

Intellectual Property

Our Content

All content on our website and platform, including text, graphics, logos, and software, is owned by Hyre and protected by intellectual property laws. You may not copy, modify, or distribute our content without permission, use our branding, logos, or trademarks without authorization, or reverse engineer or attempt to extract source code from our platform.

User Content

By submitting content to us (resumes, job descriptions, feedback), you grant us a non-exclusive, worldwide license to use, reproduce, and display your content to provide our Services, share your content with relevant parties (employers, candidates) with appropriate consent, and improve and develop our Services.

You retain ownership of your content and may request its removal at any time, subject to our legal retention obligations.

Prohibited Conduct

You agree not to use our Services for any unlawful purpose, harass, abuse, or harm other users, submit false, misleading, or fraudulent information, attempt to gain unauthorized access to our systems, scrape, collect, or harvest user data without permission, interfere with the proper functioning of our Services, impersonate another person or entity, transmit viruses, malware, or harmful code, engage in any discriminatory conduct, or misuse candidate or client information.

Privacy and Data Protection

Your use of our Services is also governed by our Privacy Policy, which complies with the Privacy Act 1988 (Cth), Australian Privacy Principles (APPs), and Notifiable Data Breaches scheme.

By using our Services, you consent to our data practices as described in the Privacy Policy. We implement appropriate security measures to protect personal information from unauthorized access, disclosure, or misuse.

Third-Party Services

Our Services may contain links to third-party websites or integrate with third-party services. We are not responsible for the content or practices of third-party services, any transactions between you and third parties, or the privacy policies of external websites.

Your use of third-party services is at your own risk.

Disclaimers and Limitations of Liability

No Guarantee of Employment or Hiring Success

We provide recruitment services but do not guarantee job placement for candidates, successful hires for clients, specific outcomes or timelines, the accuracy of information provided by third parties, or the conduct or suitability of candidates or employers.

Service Availability

We strive to maintain continuous service availability but do not guarantee uninterrupted or error-free access, that our Services will meet all your requirements, or that defects will be corrected immediately.

Limitation of Liability

To the maximum extent permitted by Australian law, we are not liable for any indirect, incidental, special, or consequential damages. Our total liability is limited to the fees paid by you in the 12 months preceding the claim, or $1,000 AUD, whichever is greater. We are not liable for losses resulting from your use or inability to use our Services. We are not responsible for the actions, conduct, or decisions of candidates, clients, or third parties. Nothing in these Terms excludes, restricts, or modifies any statutory rights you may have under the Australian Consumer Law or other applicable laws that cannot be excluded.

Consumer Guarantees

If you are a consumer under the Australian Consumer Law, certain guarantees may apply to our Services that cannot be excluded. Our liability for breach of such guarantees is limited to the extent permitted by law.

Indemnification

You agree to indemnify and hold Hyre harmless from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your violation of these Terms, your use of our Services, your violation of any laws or third-party rights, content you submit to our platform, or any discriminatory conduct or breach of employment laws.

Dispute Resolution

Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any disputes will be subject to the non-exclusive jurisdiction of the courts of New South Wales.

Dispute Process

Before initiating legal action, you agree to contact us at hello@hyre.com.au to attempt informal resolution, provide a detailed description of the dispute, and work with us in good faith to resolve the matter within 30 days.

If informal resolution fails, disputes may be resolved through mediation facilitated by an agreed mediator, arbitration as agreed by both parties, or court proceedings in the appropriate jurisdiction.

Each party will bear their own costs of any dispute resolution process unless otherwise ordered by a court or agreed by the parties.

Compliance with Fair Work Laws

We are committed to compliance with the Fair Work Act 2009 (Cth) and related regulations. This includes ensuring proper classification of workers (employees vs independent contractors), respecting minimum employment standards, supporting fair and lawful workplace practices, and maintaining accurate records as required by law.

Changes to Terms

We may update these Terms from time to time to reflect changes in our Services or business practices, legal or regulatory requirements, or industry standards.

When we make changes, we will post the updated Terms on our website, update the "Last Updated" date, communicate significant changes via email or website notification, and your continued use of our Services after changes constitutes acceptance of the updated Terms.

If you do not agree to the updated Terms, you must stop using our Services.

Termination

Your Rights

You may stop using our Services at any time and request account deletion by contacting hello@hyre.com.au. We will process your request in accordance with our Privacy Policy and legal retention obligations.

Our Rights

We may suspend or terminate your access to our Services immediately for material violations of these Terms, if you engage in discriminatory or unlawful conduct, with reasonable notice if we discontinue our Services, if required by law or regulatory authorities, or if your use of our Services poses a risk to others or our business.

Effect of Termination

Upon termination, your right to use our Services ceases immediately. We may delete your account and data (subject to legal retention requirements under the Fair Work Act and other applicable laws). Any outstanding fees or obligations survive termination. Provisions that should survive termination (liability, indemnification, intellectual property) will remain in effect. We will handle your personal information in accordance with our Privacy Policy.

General Provisions

Entire Agreement

These Terms, along with our Privacy Policy and any separate service agreements, constitute the entire agreement between you and Hyre regarding our Services.

Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue in full effect.

No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

Assignment

You may not transfer or assign your rights under these Terms without our prior written consent. We may assign our rights to any successor or affiliated entity with notice to you.

Force Majeure

We are not liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, telecommunications failures, or other force majeure events.

Notices

All notices under these Terms should be sent to hello@hyre.com.au for Hyre, or the email address associated with your account for you. Notices are deemed received when sent via email, unless the sender receives a delivery failure notification.

Relationship

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Hyre.

Contact Us

If you have questions about these Terms of Service, please contact us:

Hyre
Email: hello@hyre.com.au
Address: The Commons, 285A Crown St, Surry Hills NSW 2010
Phone: 0410 429 762

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

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