Hays Client Platform Terms of Use

Who we are and what this agreement does

Hays Specialist Recruitment (Australia) Pty Limited of Level 13 Chifley Tower, 2 Chifley Square ("we", "us", "our") license you to use:
 
  • Hays' digital platform software (the "Hays Client Platform") and any updates or supplements to it; and

  • the service you connect to via the Hays Client Platform (and the content we provide to you through it (the "Service").
as permitted in these terms.
 
By using the Hays Client Platform, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use the Hays Client Platform. We recommend that you print a copy of these terms for future reference.

If you think the Hays Client Platform or the Services are faulty or wish to contact us for any other reason, please email our customer service team at hubsupport@hays.com.
 

Your privacy

How we collect your personal information and how we maintain, use, store and disclose your personal information is included within our privacy policy. This information is provided in our Hays Client Platform Privacy Policy and it is important that you read that information.
 
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Hays Client Platform or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
 

Changes to these terms

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. Every time you wish to use the Hays Client Platform, please check these terms to ensure you understand the terms that apply at that time.
 

Changes to the Hays Client Platform

From time to time we may update the Hays Client Platform to reflect changes to the Service, our users' needs, our business priorities, to enhance functionality, or to address security issues. We will try to give you reasonable notice of any major changes.

The Hays Client Platform and the Service is made available free of charge. We do not guarantee that either will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Platform and the Service for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access the Hays Client Platform through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Account or log-in details

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
 
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
 
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hubsupport@hays.com.
 

We are not responsible for other websites you link to

The Hays Client Platform or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
 

Acceptable use restrictions

General Acceptable Use Restrictions

You must:
 
  • not use the Hays Client Platform or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example by hacking into or inserting malicious code, such as viruses or harmful data, into the Hays Client Platform, any Service or any operating system;

  • not use the Hays Client Platform or any Service to bully, insult, intimidate or humiliate any person;

  • not use the Hays Client Platform or any Service to transmit or publish any unsolicited or unauthorised advertising or promotional material;

  • not infringe our intellectual property rights or those of any third party in relation to your use of the Hays Client Platform or any Service, including by the submission of any content or material (to the extent that such use is not licensed by these terms);

  • not transmit or submit to the Service any content or material that is defamatory, offensive or otherwise objectionable in relation to your use of the Hays Client Platform or any Service, or which does not comply with our content standards;

  • not use the Hays Client Platform or the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

  • not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

Interactive Services

Where we provide any interactive Service (for example a bulletin board or chat room), we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
 
We will do our best to assess any possible risks for users from third parties when they use any interactive Service, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive Service we provide, and we expressly exclude our liability for any loss or damage arising from the use of any interactive Service by a user in contravention of these terms, whether the service is moderated or not.
 
Where we do moderate an interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
 
Any content or material that you submit an interactive Service should be accurate and truthful.
 
We reserve the right to remove any content or material that does not comply with these terms but please be aware that you will be responsible for any consequences of us publishing such content or material.  We do not endorse any such content or material and nor can any such content or material be kept confidential.
 
You grant us a worldwide, royalty-free license to use any content or material that you submit via the Service.
 

Content Standards

These Content Standards apply to any and all content and material which you contribute to any Service ("Contribution"), and to any interactive Services associated with it.
 
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
 
We will determine, in our discretion, whether a Contribution breaches the Content Standards.
 
A Contribution must:
 
  • be accurate (where it states facts);

  • be genuinely held (where it states opinions); and

  • comply with the law applicable in Australia and New Zealand and in any country from which it is posted.
A Contribution must not:
 
  • be defamatory of any person;

  • be obscene, offensive, hateful or inflammatory;

  • bully, insult, intimidate or humiliate;

  • promote sexually explicit material;

  • promote violence;

  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

  • infringe any copyright, database right or trade mark of any other person;

  • be likely to deceive any person;

  • breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

  • promote any illegal activity;

  • be in contempt of court;

  • be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;

  • be likely to harass, upset, embarrass, alarm or annoy any other person;

  • impersonate any person, or misrepresent your identity or affiliation with any person;

  • give the impression that the Contribution emanates from any other person, if this is not the case;

  • advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;

  • contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;

  • contain any advertising or promote any services or web links to other sites.

Intellectual property rights

All intellectual property rights in the Hays Client Platform and the Services throughout the world belong to us (or our licensors) and the rights in the Hays Client Platform and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Hays Client Platform or the Services other than the right to use them in accordance with these terms. 
 

Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for fraud or fraudulent misrepresentation.
 
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
 
We are not liable for business losses. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
 
Limitations to the Hays Client Platform and the Services. The Hays Client Platform and the Service are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking or refraining from any action on the basis of information obtained from the Hays Client Platform or the Service. Although we make reasonable efforts to update the information provided by the Hays Client Platform and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
 
Please back-up content and data used with the Hays Client Platform. We recommend that you back up any content and data used in connection with the Hays Client Platform, to protect yourself in case of problems with the Hays Client Platform or the Service.
 
Check that the Hays Client Platform and the Services are suitable for you. the Hays Client Platform and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the the Hays Client Platform and the Service (as described on the relevant app store site) meet your requirements.
 
We are not responsible for events outside our control. If our provision of the Service or support for the Hays Client Platform or the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end your contract with us.
 
We are not responsible for viruses and you must not introduce them. We do not guarantee that the Hays Client Platform and Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Hays Client Platform and Services. You should use your own virus protection software.
 

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. 
 

You need our consent to transfer your rights to someone else  

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
 

If a cort finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later 

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. 

Which laws apply to this contract and where you may bring legal proceedings

These terms are governed by Australian law and you can bring legal proceedings in respect of the Hays Client Platform and the Service in the Australian courts. If you live in New Zealand you can bring legal proceedings in respect of the Hays Client Platform and the Service in the New Zealand courts.