1. Introduction

Hired1st is an online recruitment tool that streamlines the way employers hire new talent, by using a unique algorithm that is designed to create a shortlist of the most suitable candidates for the advertised role (“the Service”).

These Terms of Use (“Terms”) are intended to explain Hired1st’s obligations as a service provider and your obligations as a Subscriber to the Service. Please read them carefully before using the Service, which is made available to you through www.hired1st.com (“the Website”).

These Terms are binding on any use of the Service and apply to you from the time that Hired1st first provides you with access to the Service.

Hired1st reserves the right to modify or change these Terms at any time. You will be notified of any changes or modifications via email or notification on the Website and these changes or modifications become applicable once posted. It is your obligation to ensure that you have read, understood and agree to the most recent terms.

2. Registration

To access the Service you must create an account (“Sign up”). This involves providing a username and password.

Any individuals with whom you have shared your username and password and who are able to answer your verification questions may receive access to information regarding your account/subscription.

When you Sign up, you acknowledge and agree that:

a) you have read and understood these Terms and have the authority to act on behalf of the entity/employer (“Subscriber”) for whom you are using the Service;

b) have provided true, accurate, current and complete information about the entity;

c) are entirely responsible for ensuring that all usernames and passwords are kept secure and confidential;

d) will not transfer or resell your use of or access to the Service to any third party;

e) are accountable for any and all activities that occur under your login details, including the false or improper use of your login details by third parties;

f) will immediately notify Hired1st of any unauthorised use of your passwords or any other breach of security so that Hired1st can reset your password; and

g) you will take all other actions that Hired1st deems reasonably necessary to maintain or enhance the security of Hired1st’s computer software and networks and your access to the Service.

3. Subscriber obligations

3.1 Payment obligations

A monthly subscription fee (including GST) (“Subscription Fee”) will be automatically debited from either your bank account or credit card in accordance with the details you provide when Signing up. Hired1st will continue debiting the Subscription Fee until these Terms are terminated as per clause 13.

3.2 General obligations

You must only access the Website and use the Service for your own lawful internal business purposes, in accordance with these Terms.

4. Acknowledgements

Hired1st grants Subscribers the right to use the Service via the Website after Signing up. This right is non-exclusive, non-transferable, and limited by and subject to these Terms.

4.1 General

You acknowledge and agree that:

a) you are authorised to: access the Website, use the Service and post content/data on Hired1st’s interface;

b) access to, and use of, the Website and Service (including all materials, information, advice, Subscriber content, products and services) is provided “as is”, with no warranties whatsoever (either express or implied), and at your own risk;

c) Hired1st has no responsibility to any Subscriber (entity) other than you and nothing in these Terms confers, or purports to confer, a benefit on any entity other than you;

d) it is your sole responsibility to determine that the Service meets the needs of your business and is suitable for the purposes for which it is used;

e) Hired1st does not warrant that the Service generally available through its Website will be uninterrupted or error free or that defects in the Service will be corrected. Among other things, the operation and availability of the systems used for accessing the Service, including computer networks, mobile devices, and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Service. Hired1st is not in any way responsible for any such interference or prevention of your access to the Website or use of the Service;

f) while Hired1st will take all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on Hired1st’s Website or systems. Hired1st disclaims all liability to you to the greatest extent possible pursuant to law should this occur;

g) you are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for the accuracy of data input and output and for maintaining a means external to the Website for the reconstruction of any lost data; and

h) you remain solely responsible for complying with privacy laws. It is your responsibility to check that storage of and access to your data via the Website and Service will comply with laws applicable to you.

4.2 Hired1st’s services

You acknowledge and agree that:

a) Hired1st’s Service is not a job posting or advertising service;

b) Hired1st enables you to create job listings that generate a unique email address that you use when posting advertising employment positions and roles;

c) Hired1st is not responsible for and has no control over the creation or publication of your job postings or advertisements and disclaims all liability for your content, including whether it is legal;

d) Hired1st may reject or remove any job posting from the Website for any or no reason;

e) it is your responsibility to ensure the unique email address created by the Service for a job posting is used accurately. Hired1st does not guarantee delivery or your receipt of candidates’ application materials, or that there will be no mistakes in the transmission or storage of this data;

f) Hired1st has no ability to verify the information you provide in a job posting/advertisement. If you provide incorrect information, it will be your responsibility to correct those details and to take any steps necessary to protect the privacy of candidates. You indemnify Hired1st for any damages resulting from this;

g) Hired1st will rank candidates either green, amber or red in accordance with their suitability for the role based on your job listing requirements and use of the Service;

h) information published by or provided to you via the Website or through the Service is intended to provide general information in summary form about the suitability of candidates in accordance with your specified requirements and prerequisites;

i) Hired1st does not verify the identity of any candidates who apply to your job listings/advertisements and thus provides no guarantee as to their qualifications or interest in your job vacancy;

j) Hired1st does not endorse or recommend the selection of any particular candidate that applies for a role through the Website, and has no liability in relation to the hiring process, including candidate selection and recruitment;

k) it is solely your responsibility to evaluate the accuracy, completeness and usefulness of the customised shortlist of applicants for the role and all of the opinions, advice, services and other information provided through the Website. In no event will Hired1st be liable to you or any other entity for any decision made or action taken by you in reliance upon any information contained in or omitted from the Website or Service;

l) Hired1st cannot and does not guarantee or warrant to you that any files available for downloading through the Website, including the downloadable report which outlines the key details and personal information of potential candidates, will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties;

m) Hired1st assumes no responsibility for communications between you and a candidate;

n) you consent to candidates’ applications and any responses sent by you (including emails and offer letters) being processed and analysed by Hired1st in accordance with these Terms. Hired1st will store such information regardless of whether a job vacancy has been filled; and

o) Hired1st may provide analytics data regarding your account to anyone at your company at Hired1st’s discretion.

5. Conditions of access and use

As a condition of these Terms, when accessing the Website and using the Service, you must:

a) do so solely for business purposes;

b) do so only through the Website or any application provided by Hired1st;

c) not access the Website or use the Service, by way of act or omission, to mislead or deceive others;

d) not attempt to undermine the security or integrity of Hired1st’s computer software or networks;

e) not attempt to create multiple Hired1st accounts without permission;

f) not attempt to gain unauthorised access (for example, through impersonation or misrepresentation) to any materials other than those to which you have been given express permission to access or to the computer system on which the Service is hosted;

g) not attempt to modify, copy, adapt, reproduce, republish, upload, post, transmit, distribute, disassemble, decompile or reverse engineer any material from the Website including code, software and computer programs used to deliver the Service or to operate the Website;

h) not use, or misuse, the Service in any way which may impair the functionality of the Service or Website, or other systems used to deliver the Service or impair the ability of any other Subscriber to access the Website or use the Service;

i) not post any content that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that contains irrelevant or unconstructive content;

j) not post any content that contains proprietary information, trade secrets, Confidential Information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication, or encourages or causes spamming or flooding;

k) not post any: harmful code, including viruses, worms, Trojan horses, time bombs, time locks, drop dead devices, traps, access codes, cancelbots or trap door devices; files that may damage any other person’s or entity’s computing devices or software; content that may be offensive; or material or data in violation of any law (including data or material protected by copyright or trade secrets which you do not have the right to use);

l) not sell, redistribute or use the Service or Website for any commercial purpose (other than as agreed);

m) not use data mining, robots, screen scraping/crawling, or similar automated data gathering, extraction or publication tools on the Website (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on Hired1st’s Website on your own website or in any other publication), except with Hired1st’s prior written consent. Hired1st reserves the right to take such action as it considers necessary, including issuing legal proceedings without further notice, in relation to unauthorised use of the Website; and

n) not use the Website or Service for any purpose that is unlawful or prohibited by these Terms.

Without limiting the generality of the foregoing, Hired1st reserves the right (but is under no obligation) to:

a) monitor Subscriber’s content and delete any content or portion of it that, in Hired1st’s sole discretion, violates the above conditions, including any content that is unrelated to the Service or that is an advertisement, recruiting or other commercial message that is deemed to be inappropriate; and

b) to investigate any concern it has regarding the Service or Website and it use for a scam or spamming, or the conducting of fraudulent activity. Hired1st reserves the right to turn over any information gathered via such investigations to the police or other third party if Hired1st has a good faith belief that use of the Service or Website is in violation of these Terms.

6. Hired1st’s use and disclosure of content

When you view, send, store or receive materials (including job listings/advertisements, resumes, curriculum vitae’s and applications) by using the Service through the Website, Hired1st may use such materials for data analysis, quality control, or to refine the Website or any other Hired1st product or service whether via automated means or otherwise.

Hired1st reserves the right to disclose all Subscriber content to any third party in connection with operating the Website; to protect itself, its affiliates, partners and visitors, and to comply with legal obligations or governmental requests. This means, for example, that Hired1st may honor subpoenas, search warrants, law enforcement or court-mandated requests to reveal a Subscriber’s electronic address and identity, or other properly requested information.

7. Indemnity

You indemnify Hired1st against all claims, costs, damage and loss arising from your breach of any of these Terms or any obligation you may have to Hired1st, including (but not limited to) any costs relating to the recovery of any Subscription Fees that are due but have not been paid by you.

8. Confidentiality

Unless the relevant party has the prior written consent of the other or unless required to do so by law, each party will preserve the confidentiality of all information exchanged between them or obtained in connection to these Terms, whether in writing, electronically or orally (“Confidential Information”).

Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms. Each party’s obligations under this clause will survive the termination of these Terms.

The provisions of this clause shall not apply to any information which:

a) is or becomes public knowledge other than by breach of this clause;

b) is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;

c) is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or

d) is independently developed without access to the Confidential Information.

9. Privacy

Hired1st maintains a Privacy Policy that sets out the parties’ obligations in respect of personal information. You will be taken to have accepted that Policy when you accept these Terms.

10. Intellectual property

10.1 General

Title to, and rights to any patent, trade mark, service mark, copyright, moral right, design rights, know-how and any other intellectual or industrial property rights, anywhere in the world, whether registered or not (“Intellectual Property Rights”) in relation to the Service, the Website and any documentation associated with the Services remain the property of Hired1st (or its licensors).

10.2 Ownership of content/Data

Title to, and all Intellectual Property Rights in, the content you put into the Service or Website (“Data”) remains your property. However, your access to the Data is contingent on full payment of Subscription Fee when due.

You grant Hired1st a license to use, copy, transmit, store and back-up your Data for the purposes of enabling you to access the Website and use the Service and for any other purpose related to provision of the Service to you.

10.3 Backup of Data

You must maintain copies of all Data you put into the Service. Hired1st adheres to its best practice policies and procedures to prevent Data loss, including a daily system back-up regime, but does not make any guarantees that there will be no loss of Data. Hired1st expressly excludes liability for any loss of Data no matter how caused.

11. Warranties

11.1 Technical malfunction

Hired1st disclaims all liability for any technical malfunction of the Website, including but not limited to failure of any computer systems, servers or providers, computer or mobile equipment, software, failure of email delivery, account login or any other services provided by Hired1st as a result of technical problems or traffic congestion on the Internet or any third party website or combination thereof, including injury or damage to your or any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any content in connection with the Service or Website.

Under no circumstances will Hired1st be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Website, Service, content or third party applications, websites, software or content posted on or through the Website or transmitted to Subscribers or any interactions between users of the Service or Website, whether online or offline.

11.2 Harm resulting from downloads

You understand and agree that you download or otherwise obtain material or data through the use of the Website at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from downloading or obtaining any such material or data.

11.3 Reliability and loss of content

Hired1st disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed on or otherwise made available on the Website.

Hired1st also disclaims any responsibility for the deletion, failure to store, mis-delivery or untimely delivery of any information, mails or material, including Subscriber content.

11.4 Consumer guarantees

You warrant and represent that you are acquiring the right to access and use the Service for the purposes of acquiring new talent for your business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Service, the Website or these Terms.

12. Limitation of liability

Under no circumstances will Hired1st or its affiliates, or its or their third-party licensors, be liable to any Subscriber on account of that Subscriber’s use or misuse of or reliance on the Website.

Hired1st will not be liable for:

a) any indirect, incidental, consequential, special, exemplary, or punitive damages whether such claim is based on warranty, contract, tort (including negligence), indemnity, or otherwise;
b) or for any loss (including loss of information, data, profits or savings, loss of opportunity or economic loss) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.

To the extent permitted by law, the maximum aggregate liability of Hired1st and its affiliates, and its and their third-party licensors, for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, will be limited in respect of any one incident, or series of connected incidents, to the Subscription Fees paid by you in the previous 12 months. If you are not satisfied with the Service, your sole and exclusive remedy is to terminate these Terms in accordance with clause 13.

13. Termination

13.1 No-fault termination

These Terms will continue on a month-by-month basis in accordance with payment of the monthly direct-debit Subscription Fee. At the end of each month (“Billing Period”) these Terms will automatically continue for another Billing Period of the same duration, provided the Subscription Fee continues to be deducted, unless either party terminates these Terms by giving at least one month’s advance written notice.

If you elect to terminate these Terms by providing one month’s advance written notice, you shall be liable to pay the remaining monthly Subscription Fee up to and including the day of termination of these Terms.

13.2 Breach

If you:

c) breach any of these Terms and do not remedy the breach within 14 days after receiving notice of the breach if it is capable of being remedied;

d) breach any of these Terms and the breach is not capable of being remedied, which includes (without limitation) non-payment of the Subscription Fee; or

e) your business becomes insolvent or goes into liquidation or has a receiver or manager appointed of any of its assets,

Hired1st may take any or all of the following actions, at its sole discretion:

a) terminate these Terms and your use of the Service and access to the Website;

b) suspend for any definite or indefinite period of time, your use of the Service and access to the Website; or

c) suspend or terminate access to all or any Data.

For the avoidance of doubt, if payment of the Subscription Fee is not made in accordance with the requirements of these Terms, Hired1st may suspend or terminate your use of the Service, your authority to use the Service and/or your right to access all or any Data.

Termination of these Terms will not end those provisions that are capable of surviving the ending of these Terms.

13.3 Accrued rights

Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of these Terms you will remain liable for any accrued charges and amounts, which become due for payment before or after termination and immediately cease to use the Service.

14. Help desk

14.1 Technical problems

In the case of technical problems, you must make all reasonable efforts to investigate and diagnose problems before contacting Hired1st. If you still need technical help, please check the support provided online by Hired1st on the Website or failing that email us at Support@hired1st.com

14.2 Service availability

Whilst Hired1st intends that the Service should be available 24 hours a day, seven days a week, it is possible that on occasions the Service or Website may be unavailable to permit maintenance or other development activity to take place.

If for any reason Hired1st has to interrupt the Service for longer periods than Hired1st would normally expect, Hired1st will use reasonable endeavors to publish in advance details of such activity on the Website.

15. General

15.1 Entire agreement

These Terms, together with Hired1st’s Privacy Policy and the terms of any other notices or instructions given to you under these Terms, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and Hired1st relating to the Service and the other matters dealt with in these Terms.

15.2 Waiver

If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

15.3 Delays

Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay the Subscription Fee.

15.4 No assignment

You may not assign or transfer any rights to any other person without Hired1st’s prior written consent and any such attempt is void. Hired1st may freely assign or delegate its rights and obligations herein without notice to you.

15.5 Governing law and jurisdiction

The laws governing these Terms will be the laws in the State of Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in Victoria.

15.6 Severability

If any part or provision of these Terms is held invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of these Terms will continue to be valid and enforceable.

15.7 Notices

Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been sent on transmission. Notices to Hired1st must be sent to Support@hired1st.com or to any other email address Hired1st advises you of. Notices to you will be sent to the email address, which you provided when Signing up to access and use the Service.

15.8 Rights of third parties

A person or entity who is not a party to these Terms has no right to benefit under or to enforce any clause of these Terms.