Terms of Use

Last Updated: 14 August, 2018

Hiya! Welcome to HiyaPurpose’s Terms of Use.

Here is where we outline the various terms that apply to the services that HiyaPurpose provides, as well as the terms that apply to the usage of our website.

 

It is our goal to provide a great experience for all our users in a safe and professional environment, so please take the time to read this page carefully. This information is subject to change, so please ensure that you come back regularly to check for any updates.

Terms of Service

1. OVERVIEW

These terms of service ("Terms") govern the relationship between HiyaPurpose Pty Ltd (ACN 627 261 938) and its related bodies corporate ("HiyaPurpose", "us" or "we"), the business or corporate entity registered with HiyaPurpose looking to hire talent through HiyaPurpose ("Employer"), and any individual seeking to connect with prospective employers through HiyaPurpose ("Candidate").

These Terms apply to Employers’ and Candidates’ use of the HiyaPurpose platform (the “Platform”) and associated websites (together, the "Site").

For the purposes of these Terms, "you" means (as applicable):

  1. the individual, business or corporate entity registered with HiyaPurpose as either an Employer or Candidate; and

  2. the individual, natural person accessing or using the Site including but are not classified as either an Employer or a Candidate.

If you are registering with HiyaPurpose as an Employer and using the HiyaPurpose Platform to connect with Candidates on behalf of your employer or business organisation, you, in your individual capacity, will be taken to have been duly authorised to act on your employer’s behalf and these Terms will be binding on your employer.

We may from time to time, amend, update or change the Site including these Terms, without prior notice to you. Consequently, you should regularly check these Terms for changes. These are the current Terms and replace any other terms and conditions of use previously published for the Site.

2. YOUR ACKNOWLEDGEMENTS REGARDING HIYAPURPOSE SERVICES

2.1 For Employers

HiyaPurpose provides a platform for Employers to list available employment opportunities (“Role” or “Roles”) and receive applications for such Roles from Candidates that are matched with them through our matching system. The Employer can, amongst other things, upload a user profile, a company profile, billing details, and an unlimited number of Roles to HiyaPurpose. Employers may be contacted from time to time by HiyaPurpose for these and related purposes.

2.2 For Candidates

Individuals can register as a Candidate on the Site in order to view the Site, review and apply to Roles made available on the Site, and subsequently be contacted by Employers for subsequent screening and interviews for a Role. HiyaPurpose should be used as an initial introductory tool for Candidates wishing to apply to Roles with prospective Employers. Being matched on HiyaPurpose is not, in anyway, an offer of employment from any Company, including from HiyaPurpose, nor does it guarantee the ultimate suitability of any Candidate for a Role or vice versa.

2.3 HiyaPurpose Services

The HiyaPurpose Platform is a Site where Employers are able to access, review, and receive an introduction or connection to Candidates who have also registered with the Site. As a part of these services, HiyaPurpose matches Candidates with Roles, and Candidates can then elect to apply to Roles that are made available to them (“Matches”). Subject to an Employer purchasing the contact details of Candidates once a Candidate has applied to that specific Role, HiyaPurpose then connects Employers with Candidates (“Connects”) by releasing Candidates’ contact information, as they described in their profile (“Connection Information”), to Employers in accordance with these Terms (“Connection”).

Employers and Candidates acknowledge that HiyaPurpose is not a party to and will not have any liability with respect to the subsequent conversations, arrangements and interactions between Employers and Candidates.

Any terms agreed between Employers and Candidates in relation to discussions following the connection facilitated by HiyaPurpose will be binding on the Employer and the Candidate and, to the extent that those terms conflict with these Terms, those terms will take priority as between the Employer and the Candidate (but shall not bind HiyaPurpose in any way). Any terms which attempt to alter or modify these Terms as they apply to HiyaPurpose must be agreed by HiyaPurpose in writing.

HiyaPurpose relies on the information that Employers and Candidates provide for the Background Information, Company Information, and other inputs required for our matching process. HiyaPurpose makes no representations as to the reliability, capability, or qualifications of any Candidates or the quality, security or legality of any services previously or currently provided by such Candidates to any current or previous employer, and HiyaPurpose disclaims any and all liability relating thereto. HiyaPurpose has no control over, makes no representations, and does not guarantee the quality, safety or legality of information provided by either Employers or Candidates, the truth or accuracy of listings, the qualifications, background, or identities of Candidates, their performance to deliver services to any employer in the future, or that any formal relationship will result from a connection facilitated by HiyaPurpose.

Without limiting the foregoing, to the extent permitted by law, HiyaPurpose makes no warranties, express or implied regarding or relating to services provided to Employers or Candidates.

3. REGISTERED INFORMATION

When you sign up to use HiyaPurpose, you will be prompted to provide your name, email address, work/position title, phone number and information about your company and such other information to enable your registration as either an Employer or Candidate, which, for Employers, includes valid billing details.

In addition to Connection Information Employers and Candidates will be requested to provide further information in relation to their qualifications and professional experience (your "Credentials"). In doing so, you agree that you:

  1. are not impersonating any person or entity;

  2. are not violating any applicable law regarding use of personal or identification information;

  3. are authorised to create an account in the name of the company or organisation or otherwise hold yourself out as having an association with that company or organisation; and

  4. will provide, on demand from HiyaPurpose, verification of your Credentials in such form as required by HiyaPurpose.

For Candidates, we may, from time to time, use any of your Credentials to make our own enquiries (either by HiyaPurpose or by a third party engaged by us) as to the completeness, accuracy or truthfulness of your Credentials. If we request evidence and you fail to provide it within the time requested, we may suspend or cancel your account (without prejudice to any other remedies we may have). Should we suspect or identify an individual to be inappropriately or unlawfully using any person or company’s identity or the Site in a way that is unlawful or inappropriate, we may without notice to you, disclose that information to any relevant persons or authorities.

 

4. CANDIDATE PROVISIONS

4.1 Joining as a Candidate

Candidates will have joined upon completion of the platform registration. The continued use of the Site beyond registration implies and is conditional upon agreement with these Terms. Use of the Site beyond registration implies agreement to these Terms, and no other verification or permission is required from HiyaPurpose to hold Candidates accountable for actions that could in any way constitute a violation of these Terms.

Your use of HiyaPurpose is permitted only if you are not restricted from doing so by your current employer, or other contractual, fiduciary or general obligations. By registering as a Candidate on HiyaPurpose, you are representing that you are not restricted from doing so and that you have obtained all necessary approvals.

4.2 Connecting with Employers

Employers can post Roles on the HiyaPurpose platform or otherwise be introduced to Candidates through HiyaPurpose and/or the HiyaPurpose platform for Roles.

Candidates are free to apply or dismiss any Role, provided however, that you may apply only for those Roles:

  1. for which you have the requisite knowledge/expertise to deliver and complete the Role as described by the posting Employer;

  2. that do not present a conflict of interest or breach any express or implied terms of any contract or of any other obligation legally binding upon you; and

  3. that relate to matters that you are permitted to discuss under applicable law and any obligations you may owe to another party (including contractual, employment, or otherwise).

HiyaPurpose makes no representation regarding the frequency, quantity, or type of matches to Roles that you will receive or the manner in which you will be chosen by any prospective Employer to connect.

4.3 Candidate Conduct

Candidates must act with the utmost professionalism and courtesy in any dealings with Employers and with HiyaPurpose. During any communications before, or following, a connection with an Employer facilitated through HiyaPurpose, the Candidate must:

  1. use the high standard of care, courtesy and skill to be expected of a professional;

  2. make all necessary enquiries of the Employer to ascertain the Employer's requirements and objectives of the Role;

  3. comply with any Employer policy, direction, instruction, brief, program, or schedule; and

  4. comply with all applicable laws

 

4.4 False and misleading information

You agree that you will not provide any false or misleading information or information which may mislead or deceive HiyaPurpose, Employers, or any other party in respect of using HiyaPurpose.

4.5 Warranties

You warrant and represent that the information you provide is and shall remain complete, accurate, true and correct and that you will update information held by HiyaPurpose as soon as possible after any changes and in any case prior to applying for further jobs on HiyaPurpose

 

4.6 Independence

Any Role secured by a Candidate through a connection to an Employer facilitated by HiyaPurpose shall not mean that the Candidate is in any way represented or affiliated with HiyaPurpose, and HiyaPurpose will not accept any liability or responsibility of the actions of either the Candidate or Employer subsequent to that employment arrangement.  The Candidate is not and shall not be deemed to be, currently or previously, an employee or agent of HiyaPurpose.

 

 

5. EMPLOYER PROVISIONS

5.1 Joining as an Employer

You may join as an Employer by completing all required fields in the employer registration process, including the User Information, Company Details, and Billing Details, and agreeing to these Terms. Use of the Site beyond registration implies agreement to these Terms, and no other verification or permission is required from HiyaPurpose to hold Employers accountable for actions that could in any way constitute a violation of these Terms.

5.2 Listing Roles

Employers are free to create, delete and modify Roles through the Site, or with the support of our team.

Candidates are free to accept or decline jobs at their discretion (subject to the Candidate Provisions in section 4 above).

You understand that a Candidate’s capacity to supply their services may be limited by other obligations they may have to entities or institutions with which they are affiliated or employed. To the extent you know about any such limitations or obligations, you agree to respect them in your interactions with HiyaPurpose.

5.3 Employer Conduct

Employers must act with the utmost professionalism and courtesy in any dealings with Candidates and with HiyaPurpose. In using HiyaPurpose, Employers must:

  1. use clear, complete and accurate information to describe the Role;

  2. make all necessary enquiries and satisfy yourself as to whether the Candidate meets your requirements and objectives;

 

5.4 Conflicts

You acknowledge that HiyaPurpose is not responsible for breach of any conflict of interest or non-compete obligations whatsoever that either Candidates, Employers or other users are bound by. By describing a Role as a Match for a Candidate, the Candidate applying to a Match, the Employer electing to Connect with a Candidate, and subsequently communicating with Candidates outside of HiyaPurpose, you assume full responsibility for your compliance with any kind of conflict of interest, non-compete or similar obligations.

5.5 Other Limitations on Use

You may use the Site only in strict accordance with these Terms. You agree that you will not use the Site to compete directly or indirectly with HiyaPurpose.

 

 

6. CONFIDENTIALITY

 

6.1 Non-disclosure of Confidential Information

The confidentiality undertakings in this clause apply to Candidates and Employers in respect of Confidential Information obtained by them (the "Recipient") from another party, which may be the Employer, Candidate, HiyaPurpose or any third-party (the "Discloser").

A Recipient must not use, disclose, solicit, make available or misappropriate, directly or indirectly, any Confidential Information, trade secrets, or other proprietary information of the Discloser without the Discloser’s prior written permission except as may be required by applicable law or legal process.

Where the Recipient is legally required to disclose the Confidential Information, the Recipient shall inform the Discloser of the requirement as soon as reasonably practicable and liaise with that party prior to disclosing any of that party’s Confidential Information.

In this clause, "Confidential Information" includes any documents or information created, received or obtained (as applicable):

  1. by HiyaPurpose from or on behalf of an Employer or Candidate or any other party in respect of any Role;

  2. by the Candidate from or on behalf of an Employer, HiyaPurpose or any other party in respect of any Role;

  3. by the Employer from or on behalf of the Candidate, HiyaPurpose or any other party in respect of any Role; and

  4. all non-public information pertaining to the Employer’s or HiyaPurpose's business (including, without limitation, past, present or future structure, business activities, strategies, and assets; products and their methods of production and distribution; financial affairs; network, communications, and technology; clients, customers, suppliers, distributors and their financial affairs, and any content marked confidential or that is by its nature confidential),

but excludes any information that a Recipient can show:

  5. is already in the public domain, unless the information has become public as a result of breach of these Terms or other obligation of confidentiality;

  6. was known to the Recipient prior to its disclosure by the Discloser;

  7. was independently developed by the Recipient without breach of any obligation owed to the Discloser; or

  8. is received from a third party without breach of any obligation owed to the Discloser.

The Recipient must notify the Discloser immediately upon becoming aware of a suspected or actual breach of this obligation.

6.2 Disclaimer

HiyaPurpose is not liable for disclosure of the Confidential Information, any loss or damage arising out of or connected with such disclosure.

 

6.3 Anonymity

HiyaPurpose is designed to protect the identity of Candidates, by not allowing any Employer to see a Candidate profile without the permission of Candidate. By applying to a Match, the Candidate gives permission for HiyaPurpose to release all Credentials and Connection Information that the Candidate has submitted to HiyaPurpose to that specific Employer. HiyaPurpose will not be responsible for information that becomes available to any other User, Candidate or Employer as the result of any breach in security of the Site, or should the data be accessible in any way that is not the designed intention of the Site.

Furthermore, HiyaPurpose will not be held accountable for the further dissemination of any Connection Information or Credentials that are shared with Employers, Candidates or other users, through the HiyaPurpose Services

 

7. PAYMENT FOR SERVICES

7.1 Fees

HiyaPurpose will receive a fee from Employers in respect of the HiyaPurpose Services ("Service Fee"). HiyaPurpose will be entitled to receive the Service Fee in respect of any Connections made through the HiyaPurpose platform, regardless of whether the Employer and Candidate had a previous relationship, or another party facilitated the same connection at another time. All Connections are final, and no refunds will be permitted. At times, HiyaPurpose may reserve the right to refund/waive fees, partly or entirely, for any reason, which is at HiyaPurpose’s sole discretion.

7.2 Invoicing

The invoicing method is standard for all Employers and will be conducted on a bulk basis – either weekly or monthly, or otherwise, as determined most appropriate by HiyaPurpose.

For all Connections:

  1. The Employer will receive an invoice from HiyaPurpose to the location as per the information provided by the Employer in their profile (“Billing Details”).

  2. The tax invoice will include the Connection Fees outstanding (including any GST payable).

  3. Unless otherwise agreed by HiyaPurpose in writing, if the Employer does not either approve or dispute the tax invoice within five (5) business days from the date of its receipt by the Employer, it will be deemed to have been approved by the Employer.

  4. The Employer acknowledges and agrees that the timing for payments provided in this section 7.2 is critical to ensure the timely and smooth provision of services and is therefore a material term. Without limitation, where undisputed or approved tax invoices issued by HiyaPurpose are not paid in accordance with these Terms, HiyaPurpose may charge late payment fees of 0.50% of any outstanding amount for each week it remains unpaid.

 

7.3 Taxes and Duties

Employers and Candidates agree to indemnify, defend and hold harmless, HiyaPurpose, its related entities, affiliates, successors and assigns (and its and their officers, employees and agents) from and against any and all claims, damages, liabilities, losses, settlements, costs, taxes, levies, charges, penalties and expenses which arise out of payments made or due to Candidates or Employers including, but not limited to, any payroll tax, superannuation, GST or PAYG obligations, as a result of any employment outcome that happens following a Connection made through HiyaPurpose, regardless as to whether or not the Connection was material in such outcome.

 

8. TERMINATION

HiyaPurpose reserves the right to suspend your profile or cancel your registration as an Employer or Candidate (as applicable), at any time, on HiyaPurpose forming the view in its absolute discretion that HiyaPurpose’s brand, operations (including the Site, any blogs or membership) or business (including its Client’s, partner’s or affiliate’s business) may be adversely affected or harmed as a result of your continued registration as an Employer or Candidate. Upon termination you must cease using the Site and HiyaPurpose Services.

 

 

9. INTELLECTUAL PROPERTY

Following a connection between Employer and Candidate, there is the chance that during subsequent communications Employers may provide information to Candidates that are considered sensitive, including information that is proprietary to the Employer, or that is considered as Intellectual Property of the Employer.

HiyaPurpose is not responsible for any Employer’s or Candidate's use or misappropriation of any intellectual property rights during or following the course of the services. Any agreements or disputes regarding intellectual property rights in shall be between the Employer and the Candidate.

HiyaPurpose is not responsible for any content that an Employer posts in any Role description in any way, which could be interpreted or decreed as disseminating intellectual property that belongs to the Employer, or the company that the Employer represents while using HiyaPurpose. Any wrongdoing by the Employer is the sole responsibility of the Employer, and HiyaPurpose is free from any liability associated with the dissemination of such information.

10. LIABILITY OF HIYAPURPOSE

You are solely responsible for all decisions you make in connection with any services you choose to purchase or provide as an Employer or provide as a Candidate. While HiyaPurpose provides advice in relation to the suitability of a Candidate for specific Roles or Employers, we do not take into account any Employers’ or Candidates’ individual circumstances when we provide the HiyaPurpose Services. As such, HiyaPurpose does not guarantee the ultimate suitability for any Candidate to any specific Role or Employer.

To the extent permitted by law, HiyaPurpose will not be liable for:

  1. services not performed in accordance with these Terms;

  2. any outcomes, work, opinion or information provided or developed by the Employer;

  3. the accuracy of information, documents or Credentials, including the Candidate profiles, background, resumes, cover letters, capabilities or statements provided on the Site;

  4. any claims arising out of or in connection with these Terms, any of the subject-matter of any of the Employer’s listed Roles, for breach of law, contract, negligence or any other liability whatsoever;

  5. any terms of engagement the Employer and Candidate might reach or agree upon; or

  6. any breach or alleged breach of another party's intellectual property rights arising in respect of the HiyaPurpose Services or these Terms;

  7. any disclosure of Confidential Information arising out of or connected with provision of the HiyaPurpose Services.

To the maximum extent permitted by law, in no circumstances will HiyaPurpose be liable for any direct, indirect, special or consequential losses or damages, loss of income, profits, goodwill, data, contracts, use of money or business interruption of any type arising in contract, tort (including, without limitation, negligence) or otherwise arising from your use of or your inability to use the HiyaPurpose Services. To the extent the foregoing limitation of liability is prohibited, or in the event that HiyaPurpose is found to be liable despite the limitation above, our total aggregate liability is limited to $100.

If any warranties are implied by law that cannot be excluded, then to the maximum extent permitted by law, our liability for breach of such warranties is limited to, at our option:

  1. in the case of products:

    • the replacement of the products or the supply of equivalent products; or

    • the payment of the cost of replacing the products or acquiring equivalent products;

  2. in the case of services:

    • the supply of the services again; or

    • the payment of the cost of having the services supplied again.

Important: Nothing in these Terms limits in any way HiyaPurpose’s liability for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability, including under the Competition and Consumer Act 2010 (Cth), the statutory consumer guarantees under the Australian Consumer Law, or similar laws in the States and Territories of Australia.

11. INDEMNITY

You agree to indemnify, defend and hold harmless, HiyaPurpose and its affiliates, successors and assigns (and its and their officers, directors, employees, sublicensees, and agents) from and against any and all claims, damages, liabilities, losses, settlements, costs and expenses which arise out of or relate to:

  1. your improper use of the HiyaPurpose Services;

  2. your breach of these Terms;

  3. without limiting the foregoing, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you in connection with your use of the HiyaPurpose Services;

 

12. GENERAL

 

12.1 Assignment and Subcontracting

Neither the Employer nor the Candidate may subcontract, transfer or assign these Terms (or the benefit of the relationship with HiyaPurpose) without HiyaPurpose’s prior written consent. HiyaPurpose may at any time novate, assign, transfer, mortgage, charge or deal in any other way with these Terms (or part thereof) or grant or confer the benefit of any right arising under these Terms.

12.2 Severability and Waiver

If a particular term of these Terms is not enforceable, it should be modified so as to be enforceable, but regardless will not affect any other terms. Our failure to act upon a breach of these Terms does not mean we waive any rights that we may have.

12.3 Dispute Resolution

If a dispute arises out of or relating to these Terms the relevant parties shall attempt to resolve the matter by mediation before litigation. Unless otherwise agreed between the Employer and Candidate, if a dispute arises in relation to a Role, the Employer shall attempt to resolve that dispute with the Candidate by mediation before litigation. You acknowledge that HiyaPurpose will not and is not obligated to provide any dispute assistance in relation to disputes arising between Employers and Candidates. Nothing in this paragraph limits the rights of any party to seek or obtain urgent interlocutory or interim relief.

12.4 Amendment

We may modify these Terms from time to time by posting the modification(s) or updating these terms and conditions on our website: hiyapurpose.com. Unless otherwise specified by us when posted, all modifications will be effective upon posting. If you do not agree to any modification(s), your only recourse will be to terminate your registration as an Employer or Candidate. If you continue to participate as an Employer or Candidate after any modification becomes effective, then your participation will constitute acceptance of such modification.

12.5 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia. The parties agree to submit to the exclusive jurisdiction of the Courts of New South Wales.

Website Terms

1. USE OF THE SITE BY YOU

You must use the Site at all times in accordance with these Site Terms.

Notwithstanding anything else in these Site Terms, we may, in our absolute discretion, refuse you or any other person access to part or all of the Site at any time and for any reason.

 

 

2. DISCLAIMERS

HiyaPurpose is not an agent for any Employer or Candidate.

You understand and agree that: (i) HiyaPurpose will not assume any liability with respect to the interactions between Employers and Candidates, and (ii) the knowledge, opinions or Posted Content of Employers or Candidates is not ours, and we do not endorse them or any other information provided by any user.

All company names, logos, and brands are the property of their respective owners, and are used on this site for identification purposes only. Their use on this site does not imply endorsement by them of HiyaPurpose, or of them by HiyaPurpose, or any official affiliation between HiyaPurpose and their respective owners.

HiyaPurpose does not warrant that your use of the Site will be uninterrupted or error free, nor does HiyaPurpose warrant that we will review information for accuracy or that we will preserve or maintain the Employer’s or Candidate’s information without loss. To the extent permitted by law, HiyaPurpose shall not be liable for delays, interruptions, service failures or other problems inherent in the use of the internet and electronic communications or other systems outside the reasonable control of HiyaPurpose.

 

We take measures to enhance the security of our Site and all HiyaPurpose Services. However, no security measures are perfect and we cannot guarantee that the information you provide will remain secure in all circumstances. Your use of the Site is contingent on you accepting responsibility for disseminating the content that you submit, and release HiyaPurpose from all liability associated with security breaches that compromise your information while your information remains in our systems.

 

 

3. POSTED CONTENT

 

3.1 No liability

We do not have, and expressly disclaim, any liability to you in connection with any content, information, text, graphics, images, audio or video, or material created or uploaded to a profile and/or the Site ("Posted Content"). We cannot guarantee, and make no representations in relation to, the completeness or accuracy of any Posted Content.

3.2 Content Standards

For all your Posted Content, you warrant and you must ensure that:

  1. it is not misleading, deceptive or materially inaccurate in any way, including in relation to the availability, nature, terms or conditions or any other matter relating to the services being offered or sought;

  2. it does not include any defamatory statements or other illegal material;

  3. you own or are licensed to use the intellectual property rights in your Posted Content. This includes copyright in respect of any text you post, as well as the right to use or display any image or logo;

  4. it is compliant with all applicable laws and licensing requirements;

  5. it does not contain links to any external website, unless we have given our prior written consent.

  6. It does not contain any content that would encourage, or make more easily possible, the direct connection of an Employer and Candidate through ways other than the use of the HiyaPurpose Site. For example, Candidates should not include their name or contact details in any fields other than those that are labelled for such purposes, nor should they include such details on their resume, other than what would normally be considered appropriate – specifically, once at the top of each page.

 

3.3 Review and Removal of Posted Content

We may remove any Posted Content if we consider, acting reasonably, that you or any other users have breached these Site Terms or if, in our sole discretion, we believe that maintaining the content presents a risk to HiyaPurpose’s reputation or business and operations (including the Site).

Notwithstanding the foregoing, we do not, nor are we under any obligation or duty to you or anyone else to monitor, consider, evaluate, assess, review, screen, censor or remove any Posted Content. We do not have (and expressly disclaim) any liability in connection with:

  1. any monitoring, consideration, evaluation, assessment, review, screening, censoring or removal of Posted Content or any failure or refusal on our part to do so; or

  2. the deletion, loss, or unauthorised modification of any of your Posted Content.

You are solely responsible for all of your Posted Content and you agree to indemnify us from and against any claims, costs, damage, loss or liability that arise in connection with your Posted Content.

As part of the process behind the services that HiyaPurpose provides, Candidates are required to upload a resume to HiyaPurpose. In doing so, they permit HiyaPurpose to redact aspects of their resume that would make it possible for Employers to connect with or identify them outside of the process designed by HiyaPurpose. HiyaPurpose will not redact or modify any part of the resume other than the Candidate’s personal identification details, including names, phone numbers, email addresses, social media handles or profiles, physical addresses and/or photos.

 

3.4 Use of Posted Content

You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any Posted Content of another user of the Site for any purpose other than for the purpose for which it has been posted.

We reserve the right to keep the Posted Content on the Site indefinitely unless removed earlier by the relevant user.

 

 

4. PROHIBITED USES

 

Notwithstanding anything to the contrary in these Site Terms, you must not:

  1. attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Site including any algorithm used by us;

  2. take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure, including spam or other unsolicited mass e-mailing techniques;

  3. use the Site for any objectionable or unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material;

  4. use the Site in any manner that would result in you breaching any applicable legislation or licensing obligations (including with respect to privacy) or any obligations you may owe to third parties;

  5. mislead or deceive others through any act or omission or make a false representation about your identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym;

  6. post content which contravenes a confidentiality or non-disclosure agreement, insider trading laws, or intellectual property rights which you are not authorised to transfer to another party;

  7. conduct any activity which compromises or breaches another party's patent rights, trademark, copyright or other intellectual property rights;

  8. copy, collect or save information about other users including their skills, employment or education history except as expressly permitted by the Site;

  9. publish advertising material of any kind or market any goods or services directly to other users except as expressly permitted by the Site;

  10. introduce any virus, worm, Trojan horse, malicious code or other program which may damage computers or other computer-based equipment to the Site or to other users;

  11. stalk or harass anyone;

  12. attempt to disrupt or interfere with the delivery of our service or the services of our partners, clients, users or customers;

  13. use the details of other users for anything other than the use expressly permitted by those users;

  14. download, access, use, harvest or download in bulk user details other than as otherwise explicitly permitted by us in writing;

  15. sell, redistribute or use information contained on the Site for a commercial purpose without our prior written consent;

  16. pass on username and/or password information to anyone other than the authorised member/user or customer of that account;

  17. remove or alter our copyright notices or other means of identification including any watermarks, as they appear on the services or Site;

  18. provide to any persons who are not authorised users of the Site, any part of the information included in the services or content, except as permitted in these Site Terms; or

  19. distribute or publish any part of the information or content included in the Site on any part of the internet or social media, or other publicly accessible electronic network, or otherwise publish, broadcast or display any such information in public.

 

Important: You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations and taxation obligations that may apply to your use of the Site or HiyaPurpose Services.

 

5. SUSPENSION AND TERMINATION

Failure to comply with sections 3 (Posted Content) and/or 4 (Prohibited Uses) in these Site Terms constitutes a material breach of the Site Terms, and may result in our taking all or any of the following actions:

  1. immediate, temporary or permanent withdrawal of your right to use our Services;

  2. immediate, temporary or permanent removal of any posting or material uploaded by you to our Site;

  3. issuing of a warning to you;

  4. legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

  5. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described in this section are not limited, and we may take any other action we reasonably deem appropriate.

 

 

6. ACCOUNT EMAIL AND PASSWORD

You must keep your account email and password ("Login") secure, and you must not disclose those details to any other person. You may not transfer your registration to another person. You are solely responsible for the consequences of any use of your Login by third parties, regardless of whether that use is authorised.

If you believe that your Login is being used by someone else, please contact us immediately at info@hiyapurpose.com.

If you have an Employer registration, you and the company you represent will be solely responsible for the security of your password. In the case of Employers, you warrant that any single user account username/login or password is not shared by multiple people. Only your employees approved by HiyaPurpose who have been issued a Login by us shall be Authorised Users permitted to access the Site and/or HiyaPurpose Services. Unless otherwise agreed in writing, your Authorised Users’ Logins may not be used by any Client affiliates, portfolio companies, or other individuals or groups within your company or any third party. HiyaPurpose may, on 3 business, days prior written notice, request you certify and provide evidence indicating your compliance with this requirement.

 

 

7. INTELLECTUAL PROPERTY

7.1 Our IP

We own or are licensed to use all intellectual property in the Site, with the exception of Posted Content, which shall remain your intellectual property but which you license to us in accordance with the license below. You may not use any of our intellectual property for any purpose other than as may be required to use the Site for its intended purpose.

7.2 Licence to your Posted Content

In relation to Posted Content and your use of the Site, you grant to us an unconditional, perpetual, world-wide, irrevocable, fully paid and royalty free licence and right to use, display, copy, modify, adapt, reproduce, commercialise, prepare derivative works, display and publish all such intellectual property and that content forming all or part of the Posted Content, for any purpose.

7.3 Restrictions and indemnity

You may not use or display any trade marks on the Site without first obtaining the consent of the owner of the trade mark. We own the distinctive 'HiyaPurpose’ marks, brand and logo.

Nothing on this Site creates any right on your part (express or implied) that would allow you to use or display a trade mark that you do not own, regardless of whether the trade mark is currently registered.

You indemnify us, and agree to keep us indemnified, from and against any claims by third parties arising from your Posted Content, including any breach of intellectual property rights any third party may bring against us, in relation to your content.

7.4 Consent to use logo

You consent to us displaying the name and/or logo of your relevant company or organisation on the Site in the context of the HiyaPurpose Services, and for testimonial purposes. The name and logos of your company may appear in lists on the Site that are visible to other users (for example in Candidate ‘My Matches’ Role summaries, or auto-filling text entry forms, or on the Site's homepage). You acknowledge that, if you post content on the Site, the fact that your company or organisation is using the Site does not constitute confidential information and you consent to our use of such content in the manner described above.

 

 

8. PRIVACY

Your registration and use of the Site is conditional upon you agreeing and complying with our Privacy Policy. The Site can only provide the intended services to users by using personal information in the manner contemplated in the Privacy Policy, and we may collect, use and disclose your personal information for the purposes described in it.

If you do not agree to us collecting, using or disclosing your personal information in the manner contemplated by these Site Terms and our Privacy Policy, you must not use the Site.

If you intend to post any personal information on the Site that relates to a third party (including their name, email address or phone number), you must obtain their consent before doing so.

We will solicit your feedback to assist us in making improvements to the functioning of the Site. We may also send you emails about our services and opportunities or profiles that may be of interest to you. You may elect not to receive certain types of notifications from us.

If you have any questions or concerns relating to Privacy, please contact us in accordance with the process and procedure set out in the Privacy Policy.

 

 

9. LINKS TO OTHER SITES

 

The Site may contain links or portals to other websites. We have no control over websites operated by third parties and you agree that we are not responsible for, and will have no liability in connection with, your access to or use of any third-party website.

 

 

10. OUR LIABILITY

 

Except for any express warranties in these Site Terms, all HiyaPurpose services are provided "as is". To the extent permitted by law, HiyaPurpose excludes all warranties, express or implied, including without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, or as to the availability, accuracy, completeness, currency or reliability of the information or services, including services of any third party, that are made available via or referred to on the Site.

To the extent permitted by law, HiyaPurpose (and its affiliates, officers, employees, agents, representatives and third-party service providers) excludes all liabilities (including in contract, for negligence, under statute or otherwise) for any direct loss, indirect or consequential loss, damage, costs or expenses suffered by you or claims made against you in connection with (however caused):

  1. your use of the Site and/or any content on the Site;

  2. any decision made or action taken by you or anyone else in reliance upon any content contained in or omitted from the Site;

  3. any errors in or omissions from the Site, including but not limited to technical inaccuracies and typographical errors;

  4. any lack of availability, interruption, delay in operation, virus, internet access difficulties, or equipment malfunction in relation to the Site; or

  5. any goods or services identified, supplied, offered or advertised on or through the Site.

If any warranties are implied by law that cannot be excluded, then to the maximum extent permitted by law, our liability for breach of such warranties is limited to, at our option:

  1. in the case of products:

    • the replacement of the products or the supply of equivalent products; or

    • the payment of the cost of replacing the products or acquiring equivalent products;

  2. in the case of services:

    • the supply of the services again; or

    • the payment of the cost of having the services supplied again.

Important: Nothing in these Site Terms limits in any way HiyaPurpose’s liability for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability, including under the Competition and Consumer Act 2010 (Cth), the statutory consumer guarantees under the Australian Consumer Law, or similar laws in the States and Territories of Australia.

 

11. INDEMNITY

 

To the maximum extent permitted by law, you agree to indemnify and hold HiyaPurpose and each of its affiliates, officers, employees, agents, representatives and third party service providers, harmless from any and all claims and liabilities resulting from your breach of these Site Terms or relating to your use of the Site or its use by any person on your behalf. For the purposes of this paragraph Site includes any linked sites and sub-domains of HiyaPurpose. HiyaPurpose holds the benefit of this indemnity and all other rights under this Agreement as trustee for each person named as benefiting from it.

12. GENERAL

 

12.1 Assignment and Subcontracting

HiyaPurpose may at any time novate, assign, transfer, mortgage, charge or deal in any other way with these Site Terms (or part thereof) or grant or confer the benefit of any right arising under these Site Terms.

12.2 Severability and Waiver

If a particular term of these Site Terms is not enforceable, it should be modified so as to be enforceable, but regardless will not affect any other terms. Our failure to act upon a breach of these Site Terms does not mean we waive any rights that we may have.

12.3 Amendment

We may modify these Site Terms from time to time by posting the modification(s) or updating these terms and conditions on our website: hiyapurpose.com. Unless otherwise specified by us when posted, all modifications will be effective upon posting. If you do not agree to any modification(s), your only recourse will be to cease using or accessing the Site. If you continue to access the Site after any modification becomes effective, then your access will constitute acceptance of such modification.

12.4 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia. The parties agree to submit to the exclusive jurisdiction of the Courts of New South Wales.

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info@hiyapurpose.com

ABN: 32 627 261 938

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HiyaPurpose donates
1% Company Equity,
1% Annual Profits, &
1% all Employee Time
to charitable causes

© Copyright 2018 by HiyaPurpose Pty Ltd. All Rights Reserved.