Terms and conditions of use
- Please read these terms and conditions carefully before accepting them or making use of or accessing the information, functions or features on this Website and Mobile Application (App.) By accepting these terms and conditions, you agree to be bound by them as well as any additional terms, conditions, notices and disclaimers displayed elsewhere on our Site and App. We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately. Your continued use of the App will represent an agreement by you to be bound by the terms and conditions as amended.
- In these terms and conditions:
- “Resu-card” means the resume and videos uploaded and entered by a job seeker that is available for sharing to and viewing by potential Employers.
- “Content” means any information that a job seeker uploads or creates in Hiya, including employment history, interview answers, education and job preferences.
- “Employer” includes those who have a registered account as an Employer with Hiya or those whom the job seekers’ resu-card has been shared with.
- “We”, “us” and “our” are terms that refer to Hiya, hiyaApp.com.au, the Hiya Application as available via the relevant App store, ABN 95 048 096 755.
- “you” or “your” means the person who has agreed to these Conditions.
- “The website” refers to our website, www.hiyaapp.com.au
- “App” or “The App” refers to the Hiya mobile Application as available via download from the relevant App store.
- “Web App” refers to the web based Application, viewed via a unique link.
- Job seekers are able to begin entering information for use on Hiya upon downloading the App, but must protect the information with a password to be able to store the Content.
- A job seeker premium account is in the form of a subscription service. If Applicable, you agree to pay for the subscription service as directed through the in-App purchase.
- We reserve the right to suspend or terminate your account at any time if you breach these Terms and Conditions.
- You agree to ensure that your details are a true and accurate representation or your abilities and are kept up to date at all times.
- Your subscription and account are not transferable to any other person and may not be used by anyone else.
- You must keep your password safe and secure at all times.
Job Seeker Content
- Although we take all reasonable measures to ensure the privacy and integrity of the information you provide, the possibility exists that this information may be unlawfully observed or intercepted by an unauthorised third party while in transit over the Internet or while stored on our systems or on our Site and Mobile Application. To the fullest extent permitted by applicable law, we do not accept any liability to you if this transpires.
Employer Terms and Conditions
The terms and conditions in this section Apply to Employers as registered users of the App:
- By registering as an Employer on the App, you confirm to us that you are entitled to act on behalf of the company you are representing.
- You understand that you must only contact job seekers through the App for real job positions that actually exist. You must not contact a job seeker whether or not through the App for any other purpose.
- You must not knowingly contact any job seeker who has made themselves available through the App, without first directing a shortlist request through the App.
- We make no representation as to the suitability of any job seeker whose details Appear on the App or that you may contact using the App, nor their continuing availability following their creation of their resu-card.
To the extent that you wish to create more than 5 position searches at any one time, a representative from Hiya will contact you to discuss enterprise options.
- You agree that resu-cards and Content are for your own use and may not be sold, redistributed or used for any commercial purpose other than the prospective hire of job seekers. You must not disclose details of the job seeker or forward to any other organisation or person who does not have a vested interest in the recruitment of that person any resu-card or job seeker details received through your use of the App or web App.
- It shall be your responsibility to comply with all legal and regulatory requirements in relation to the interviewing, hiring and employment of personnel whose details you access through the App, including, without limitation all human rights, equal opportunity and anti-discrimination legislation in force in the jurisdiction in which you operate.
- If a Job Seeker has misrepresented themselves in any way on their profile, please contact us at email@example.com and we will review the account.
Job Seeker Terms and Conditions
The terms and conditions in this section Apply to job seekers as registered users of the App:
Prohibited Content includes Content that:
- Is offensive or promotes racism, harassment, bigotry, hatred or physical harm of any kind against any group or individual; or
- Wrongly impersonates any person or entity; or
- Is deliberately misleading or produces or promotes incorrect information that you know is false or misleading; or
- Promotes or provides information on illegal activities or conduct or any kind; or
- Contains or promotes any sort of computer hacking activity or virus or programs designed to affect the hardware or software of someone else; or
- Is of a pornographic or sexually explicit nature
- You may edit, alter or remove Content as you wish, subject to compliance with these terms. Usually, any changes to Content are effective immediately, though we cannot guarantee that changes will be updated within a specified time.
- You must ensure that your access to and use of the App is not prohibited under the terms of any current employment or other agreement to which you are a party. We do not guarantee that your current Employer (if Applicable) will not have access to and be able to view your Content. We accept no liability for any consequence of such access.
- We are not responsible for ensuring the suitability of any Employer nor job position that you may be contacted about as a job seeker.
- You agree and acknowledge that your profile will be published with the information made public by you and will be able to be viewed by other users of the App including Employers, once your profile has been saved with a password. You can see how your information is viewed by Employers within the App.
No Guarantee of Interruption Free Access
While we use all available and reasonable efforts to ensure that the Site and App is available continuously, we do not promise that the functions and features contained on our Site and App will be uninterrupted or error-free, that the Site and App or any server that makes it available is free from viruses or other harmful components, or that successful or accurate results or outcomes will result from your use of or access to our Site and App or any of its functions and features.
You acknowledge that any material or Content downloaded or otherwise obtained or accessed through the use of or access to the Site and App is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or any other device or loss of data that results from downloading of any such material or Content.
We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the App or any linked website, nor do we accept responsibility for any such loss arising out of your use of or reliance on information contained on or accessed the App.
No Guarantee of Job Vacancy or Employment Outcome
We are not able to guarantee to you that the particular position that may be presented to you through the App by an Employer is current and accurate.
We accept no responsibility for any communication or interactions, whether through the App, by email or by telephone, between you and any persons as a result of any Content provided by you or by any Employers or anyone else on or via our Site and App.
Although we take all reasonable measures to ensure the privacy and integrity of the information you provide, it is possible that the information may be accessed by an unauthorised person or persons.
You must take your own precautions to ensure that your use of the Site and the App does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. It is recommended that you choose a strong password for your account and that you keep your password secure at all times.
Hiya will not be held responsible for any unauthorised access of your information.
License of Content
By uploading, transmitting, posting or otherwise making available or accessible any Content via or on the Site or App, you:
- Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Content in any form and for any purpose;
- Warrant that you have the right to grant the above mentioned licences;
- Warrant that the material does not breach the Conditions; and
- Unconditionally waive all moral rights (as defined by the Copyright Act 1968 (Cth)) which you may have in respect of the material.
Right to Work in Australia
You confirm that you are legally allowed to work in the state of Australia that you reside in.
Termination of Access
The operation of, and your access to your account through the App may be terminated (whether temporarily or permanently) at any time by us without notice. You must ensure you abide by these terms and conditions at all times.
Payments and Refunds
Payments for subscription services are made by way of an in-App purchase.
Payment will be charged to your iTunes account at the confirmation of purchase. Your subscription will automatically renew unless cancelled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You will not be able to cancel an already purchased subscription during the active period, however you may turn off auto-renewal at any time. Your subscription may be managed by going to your Account Settings after purchase.
There are no refunds on these fees available except in the case of an incorrect charge.
The trustee for THE GLIDDON FAMILY TRUST
Nedlands, Western Australia, Australia
95 048 096 755