Terms and Conditions

Welcome

These terms and conditions (the Terms) govern your use of YourHIRO — a consent-based talent marketplace operated at yourhiro.com.au and app.yourhiro.com.au (together, the Platform).

YourHIRO works differently from a job board, and these Terms reflect that. In short: candidates create profiles; employers browse and express interest; and an employer only receives a candidate's contact details after that candidate has expressly consented to be contacted by that employer. That consent model is the core of the Platform, and several parts of these Terms exist to protect it.

By creating an account or using the Platform, you agree to these Terms and to our Privacy Policy. If you don't agree, please don't use the Platform.

1. Who we are

1.1 In these Terms, "YourHIRO", "we", "us" and "our" refer to [FILL — legal entity name, e.g. "YourHIRO Pty Ltd"] (ABN [FILL]), an Australian business operating the Platform.

1.2 You can contact us at [FILL — support email, e.g. hello@yourhiro.com.au].

2. Who you are

2.1 "User" means anyone who accesses or uses the Platform.

2.2 "Candidate" means a User who creates one or more candidate profiles on the Platform to be discoverable by Employers.

2.3 "Employer" means a User, and the organisation they represent, that uses the Platform to discover and connect with Candidates. Where an individual accepts these Terms on behalf of an organisation, they warrant that they are authorised to bind that organisation, and "Employer" includes both.

2.4 A reference to "you" means the type of User relevant to the context. Some sections below apply only to Candidates or only to Employers and are labelled accordingly.

3. Definitions

• Consent Event — a Candidate's express, recorded decision to accept or decline contact from a specific Employer in response to that Employer's expression of interest.
• Contact Details — a Candidate's personal contact information, including email address and phone number.
• Candidate Data — all information in a Candidate's account and profiles, including profile content, work history, skills, documents, and Contact Details.
• Documents — files a Candidate uploads to the Platform (for example certificates, degree documents, or other supporting files).
• Engagement — the connection created between an Employer and a Candidate when the Candidate consents to contact, including any messaging between them on the Platform.
• Fees — the amounts payable by Employers for paid features of the Platform, as displayed on the Platform or agreed in writing.
• Intellectual Property Rights — all patents, trade marks, trade names, domain names, designs, copyright, know-how, trade secrets and all other intellectual property rights, registered or unregistered, including applications for any of them.

4. The consent model

4.1 The Platform is employer-initiated: Employers browse Candidate profiles and may express interest in a Candidate.

4.2 A Candidate's Contact Details are never shown to an Employer unless and until the Candidate expressly consents to be contacted by that specific Employer. Profiles viewed before consent are presented with Contact Details withheld.

4.3 Each consent applies only to the specific Employer to whom it is given. Consent to one Employer is not consent to any other.

4.4 A Candidate may decline an expression of interest without giving a reason to the Employer. A Candidate may also end an existing Engagement.

4.5 We keep an auditable record of Consent Events.

4.6 A Candidate may revoke a previously given consent. Revocation applies from that point forward: the Employer will lose Platform-based access to the Engagement, but revocation cannot retract Contact Details already revealed to that Employer, and it does not restrict contact occurring off-Platform after a lawful reveal. [LAWYER — please confirm this description of revocation's practical limits is accurate and sufficient, and consistent with the Privacy Policy.]

5. Accounts

5.1 Candidates may sign up directly on the Platform. You must be at least 18 years old, or at least the age at which you can lawfully work full-time and enter binding contracts in your state or territory. [LAWYER — confirm minimum age approach; 18 keeps it simple for an employment marketplace.]

5.2 Employers are onboarded by invitation. We may require an introductory call, a demonstration, and verification of your organisation before granting access, and we may decline to onboard any organisation at our discretion. We may also require re-verification at any time.

5.3 You must provide information that is complete, accurate and not misleading, keep your login credentials secure, and not share your account with anyone else. You are responsible for activity that occurs under your account.

5.4 One person, one account. You must not create multiple accounts, impersonate another person or organisation, or create an account on someone else's behalf without authority.

6. Rules of use

6.1 When using the Platform, you must not:

• (a) use the Platform for any purpose other than genuine recruitment (for Employers) or genuine career representation (for Candidates);
• (b) harvest, scrape, copy, or extract data from the Platform, whether manually or by automated means;
• (c) attempt to obtain a Candidate's Contact Details, or contact a Candidate, other than through the consent process described in clause 4;
• (d) upload content that is false, misleading, defamatory, discriminatory, obscene, or unlawful, or that infringes any person's rights;
• (e) upload malicious code or interfere with the security, integrity or performance of the Platform;
• (f) reverse engineer, decompile, or copy any part of the Platform;
• (g) resell, sublicense, or provide access to the Platform or its data to any third party without our written consent; or
• (h) use the Platform to send spam or unsolicited commercial communications.

6.2 Employers additionally must not:

• (a) use Candidate Data for any purpose other than assessing and contacting that Candidate for genuine recruitment opportunities;
• (b) add Candidate Data to any database, CRM, or talent pool outside the Platform, except records reasonably necessary to progress a recruitment process with a consenting Candidate;
• (c) share Candidate Data with any other organisation, including related bodies corporate, without the Candidate's consent;
• (d) contact a Candidate's current employer or referees except as facilitated by the Platform or with the Candidate's consent; or
• (e) discriminate against any Candidate in breach of applicable anti-discrimination or equal opportunity law.

6.3 Candidates additionally must not:

• (a) create profiles containing material misrepresentations of identity, qualifications, or work history; or
• (b) upload Documents you do not have the right to share.

6.4 We may investigate suspected breaches of this clause and may suspend or terminate accounts under clause 15.

7. Candidate profiles, Documents and badges (Candidates)

7.1 You retain ownership of your Candidate Data. You grant us a non-exclusive, worldwide, royalty-free licence to host, use, process, display, and back up your Candidate Data for the purposes of operating, providing, securing, and improving the Platform, as further described in our Privacy Policy.

7.2 You control your profile content and can edit or delete it. You control which of your profiles are visible to Employers.

7.3 "Document on file" badge. Where you attach a Document to a qualification, certification, or similar profile entry, the Platform may display a "Document on file" indicator against that entry. This indicator means only that a document has been uploaded and attached to the entry. It is not a representation by us that the document, or the underlying qualification, is genuine, accurate, or verified, and Employers must make their own enquiries. We do not provide document authentication or background-checking services.

7.4 Employers do not receive access to your uploaded Document files. Document files are accessible only to you. Employers see only the indicator described in clause 7.3.

7.5 Deleting a profile entry may also delete a Document attached to it, and deleting your account will delete your Candidate Data in accordance with our Privacy Policy and clause 16.

8. AI features

8.1 The Platform uses artificial intelligence to provide some features, including: parsing uploaded resumes into structured profile content; checking whether an uploaded Document appears consistent with the profile entry it is attached to; and assisting Employer search.

8.2 AI outputs are probabilistic and may contain errors. Where the Platform generates profile content from your resume, you are responsible for reviewing and correcting it before saving. Where the Platform flags a possible mismatch between a Document and a profile entry, that flag is advisory only, is shown only to the Candidate, and is neither retained nor shown to Employers.

8.3 Employers must apply their own human judgement to all hiring decisions. The Platform's AI features do not make, and must not be used as the sole basis for, any decision to engage or not engage any Candidate.

8.4 We use third-party AI providers to deliver these features, as identified in our Privacy Policy. We do not use your Candidate Data to train AI models, and we do not permit our AI providers to do so.

9. Fees and payment (Employers)

9.1 Access to paid features requires payment of Fees as displayed on the Platform or agreed with you in writing. Fees are in Australian dollars and exclusive of GST unless stated otherwise; you are responsible for applicable taxes.

9.2 Payments are processed by our third-party payment provider (currently Stripe). By providing a payment method you authorise us to charge Fees to it as they fall due. We do not store your full card details.

9.3 Where Fees are subscription-based, subscriptions renew automatically for successive periods unless cancelled before the renewal date. Cancellation takes effect at the end of the then-current period. Except as required by law (including the Australian Consumer Law), Fees already paid are not refundable.

9.4 If a payment fails, we may retry it and may suspend paid features until payment is made.

10. Privacy and data

10.1 Our collection, use, storage, disclosure, and overseas handling of personal information is described in our Privacy Policy, which forms part of these Terms. It includes details of our hosting and sub-processors (including overseas data storage) and how to exercise your privacy rights.

10.2 Employers receive Candidate personal information through the Platform only per the consent model in clause 4. On receipt, the Employer is independently responsible for handling that information in accordance with the Privacy Act 1988 (Cth) and any other applicable law, and must use it only for the purpose for which it was shared.

10.3 Each party must notify the other without undue delay of any data breach it becomes aware of that affects personal information handled in connection with the Platform, and must reasonably cooperate in investigating and remediating it. Nothing in these Terms prevents any party from meeting its own mandatory notification obligations under the Notifiable Data Breaches scheme.

11. Intellectual property

11.1 We (and our licensors) own the Platform and all Intellectual Property Rights in it. These Terms do not transfer any of our Intellectual Property Rights to you. You receive only a limited, non-exclusive, revocable, non-transferable licence to use the Platform in accordance with these Terms while your account is active.

11.2 If you give us feedback, suggestions, or ideas about the Platform, we may use them without restriction or obligation to you.

12. Availability and changes

12.1 We aim to keep the Platform available and performing well, but we do not guarantee uninterrupted or error-free operation. We may modify, add, or remove features, and may suspend the Platform for maintenance.

12.2 We may amend these Terms. If a change materially and adversely affects you, we will give you reasonable advance notice by email or through the Platform, except where changes are required urgently (for example by law). Your continued use after the effective date constitutes acceptance. If you do not accept a change, you may close your account.

13. Disclaimers

13.1 The Platform is a venue that facilitates introductions between Candidates and Employers. We are not a recruitment agency, labour hire provider, or employment agent; we do not select, endorse, or vouch for any Candidate or Employer; and we are not a party to, and have no responsibility for, any employment or engagement relationship, offer, negotiation, or contract formed between a Candidate and an Employer.

13.2 We do not verify the accuracy of Candidate Data or Employer information beyond the checks we choose to perform, and (per clause 7.3) a "Document on file" indicator is not verification.

13.3 Except as set out in these Terms, and to the maximum extent permitted by law, the Platform is provided "as is" and we exclude all implied conditions, warranties, and guarantees.

13.4 Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where our liability for breach of a non-excludable guarantee can be limited, it is limited (at our option) to resupplying the relevant services or paying the cost of resupply.

14. Liability

14.1 To the maximum extent permitted by law, neither party is liable to the other for loss of revenue, profit, goodwill, opportunity, or anticipated savings, or for indirect, consequential, special, punitive, or exemplary loss, however arising.

14.2 To the maximum extent permitted by law, our total aggregate liability to you for all claims in connection with these Terms or the Platform is limited to: (a) for Employers — the Fees paid by you to us in the 12 months before the event giving rise to the claim; and (b) for Candidates — AUD $[FILL — e.g. 100].

14.3 The limits in this clause do not apply to: liability that cannot be limited by law; your indemnity under clause 14.4; or your breach of clause 6 (Rules of use).

14.4 You indemnify us against loss we suffer arising from your breach of clause 6, or from third-party claims arising from content or data you provide to the Platform without the necessary rights or consents, except to the extent we caused the loss.

15. Suspension and termination

15.1 You may close your account at any time via the Platform or by contacting us.

15.2 We may suspend or terminate your account immediately if: you materially breach these Terms (and, where the breach is remediable, fail to remedy it within 14 days of notice); we reasonably suspect fraud, data harvesting, or misuse of the consent model; we are required to by law; or, for Employers, your organisation fails or ceases to pass our verification.

15.3 For Employers on paid plans, termination for our convenience will be accompanied by a pro-rata refund of prepaid Fees for the unused period. Termination for your breach does not entitle you to any refund.

16. What happens to data on termination

16.1 You may export or download your data while your account is active. Candidates can download their profile information and Documents at any time.

16.2 After termination, we will delete or de-identify your data in accordance with our Privacy Policy and applicable law, subject to records we are required or permitted to retain (including Consent Event records retained for audit and legal purposes).

17. General

17.1 Governing law. These Terms are governed by the laws of Victoria, Australia, and the parties submit to the exclusive jurisdiction of the courts of Victoria. [LAWYER — confirm Victoria vs NSW preference.]

17.2 Notices. We may send notices to the email address on your account or via the Platform. You may send notices to [FILL — legal/support email].

17.3 Assignment. You may not assign your rights under these Terms without our written consent. We may assign or novate our rights and obligations (for example, on a sale or restructure of the business) by notice to you.

17.4 Relationship. The parties are independent. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.

17.5 Severability. If any provision is invalid or unenforceable, it is severed to the minimum extent necessary and the rest of the Terms remain in force.

17.6 Entire agreement. These Terms, the Privacy Policy, and any additional terms we notify for specific features form the entire agreement between you and us about the Platform.

17.7 Survival. Clauses which by their nature should survive termination (including clauses 6.2, 10, 11, 13, 14, and 16) survive.

17.8 Disputes. If you have a complaint, contact us first at [FILL — support email] and we will try in good faith to resolve it. If a dispute is not resolved within 30 days, either party may pursue other remedies. Nothing in this clause prevents either party seeking urgent injunctive relief.

Draft prepared as a working document for YourHIRO. This draft was prepared with AI assistance and is not legal advice; it must be reviewed, amended, and approved by qualified Australian legal counsel before publication or reliance.