These terms govern access to and use of the HRM8 platform, websites and services. Please read them carefully. By creating an account or using the services, you agree to them.
These Terms of Service (the Terms) are a legal agreement between you and the HRM8 entity that provides the services to you (referred to as HRM8, we, us or our). They govern your access to and use of the HRM8 platform, the HRM8 websites, the HRM8 job board, and any related products, applications, support and professional services (together, the Services).
By creating an account, placing an order, clicking to accept, or accessing or using any part of the Services, you agree to these Terms. If you are entering into these Terms on behalf of a company or other organisation, you confirm that you have authority to bind that organisation, and you and your refer to that organisation.
Additional terms may apply to specific parts of the Services (for example an order form, a statement of work, a data processing addendum, the Acceptable Use Policy and product-specific terms). Where additional terms apply, they form part of your agreement with us. If there is a conflict, an order form or statement of work signed by both parties prevails over these Terms for the matter it addresses.
The Services are provided by HRM8 Pty Ltd (ACN 694 475 208, ABN 93 694 475 208), a company incorporated in Australia with its registered office at Level 1, 63-73 Ann Street, Surry Hills, NSW 2010, Australia. In these Terms, HRM8 Group means HRM8 Pty Ltd together with any subsidiaries and affiliated entities it has now or establishes in the future.
At present, HRM8 Pty Ltd is the contracting entity for all customers and is the party responsible for the Services. As HRM8 expands into other regions, the Services may in future be provided to you by another HRM8 Group entity, in which case that entity will be identified on your order or invoice and a reference to HRM8 in these Terms will mean that entity for that relationship.
These Terms are intended to apply consistently across the HRM8 Group. Each member of the HRM8 Group, whether existing now or established in the future, may rely on and enforce the protections in these Terms. Where the Services are later provided to you by another HRM8 Group entity, these Terms apply to that relationship unless your order states otherwise.
To use the Services you must be able to form a binding contract and, where the Services are used for employment or hiring purposes, be acting for a bona fide employer or on your own behalf as a Job Seeker of legal working age. Job Seekers must be at least 16 years old.
You are responsible for your account and for keeping your credentials secure. You must provide accurate account information, keep it up to date, and notify us promptly of any unauthorised use. You are responsible for the acts and omissions of your Authorised Users, and for ensuring they comply with these Terms. We may offer single sign-on and multi-factor authentication, and we recommend you enable them.
The Services include, depending on what you purchase or use:
We grant you a non-exclusive, non-transferable, revocable right to access and use the Services during your subscription or engagement, for your internal business purposes and in accordance with these Terms, any applicable plan limits, and the documentation. We may update, improve or change the Services from time to time.
The Services are offered on different commercial models, including subscriptions, pay per use and sales-led engagements. The plan, inclusions, usage limits and fees that apply to you are those set out in your order, plan selection or statement of work, and on the applicable HRM8 pricing pages.
Unless your order states otherwise: subscription fees are payable in advance; usage-based fees are payable on the terms stated; and fees are exclusive of taxes, which you are responsible for. Subscriptions may renew for further terms unless cancelled in line with your order, and we may change fees for a renewal term or for new orders on reasonable notice. If you exceed a plan limit, additional usage may be charged at the applicable rates.
Recruitment Services and HR Services are payable in full in advance, before work commences, unless your order states otherwise. The one exception is the Search engagement within Recruitment Services, where a minimum fee is payable in advance to commence the search and the balance is payable on placement. The specific fees and any milestones are set out in your order or statement of work.
The Services are provided on a fee-for-service basis. Fees are non-refundable, including subscription fees and fees for professional services, even if you stop using the Services or cancel, except where a refund is required by law. Where we consider it appropriate, we may instead offer a credit toward future Services, at our discretion and on a case-by-case basis.
We use Airwallex to process card payments. By default, fees are paid by card. You may apply to pay by invoice or against a credit account, which we may approve at our discretion on a case-by-case basis.
We may make trials, free entry plans or beta features available. These are provided on an as-is basis, may have reduced functionality or limits, and may be changed or withdrawn. Your data created during a trial or entry plan remains exportable by you while your access is active. We do not provide a perpetual free service, and we may end a trial or entry plan or move it to a paid plan on reasonable notice.
You must use the Services lawfully and in line with our Acceptable Use Policy. You are responsible for the Customer Data you submit and for having a lawful basis and any required notices and consents to collect, use and share it through the Services, including data about Candidates, employees and referees.
You must not: use the Services to discriminate unlawfully or in breach of employment, equal opportunity or anti-discrimination law; upload unlawful, infringing or harmful content; attempt to gain unauthorised access to or disrupt the Services; reverse engineer or copy the Services except as permitted by law; resell or provide the Services to third parties without our consent; or use the Services to build a competing product. You must comply with all laws that apply to your use, including employment, privacy, anti-discrimination and equal opportunity laws.
As between you and HRM8, you own your Customer Data. You grant HRM8 and the HRM8 Group a licence to host, process and use Customer Data to provide and support the Services, to keep them secure, and as otherwise permitted in these Terms and our Privacy Policy.
Where HRM8 processes Personal Data on your behalf as part of the Services, you are the controller (or equivalent) and HRM8 is the processor (or equivalent). That processing is governed by our Data Processing Addendum, which forms part of these Terms where it applies. You are responsible for providing privacy notices to, and obtaining any consents from, the individuals whose Personal Data you put into the Services.
HRM8 handles Personal Data for which it is the controller (for example account contacts and Job Seeker accounts) in line with the Privacy Policy. Our current sub-processors are listed in our sub-processor list.
If you use assessments, including AI interviews, reference checks, skills or behavioural assessments, you are responsible for using them fairly, for a legitimate purpose, and in line with applicable law. You must obtain any consents required from Candidates and referees, give Candidates the information they are entitled to, and not rely on an assessment as the sole basis for a decision that has a legal or similarly significant effect on a person without appropriate human review.
Assessment outputs are provided to support your decisions, not to make them for you. Assessment Hub credits and per-candidate pricing apply as set out on the pricing pages and in your order. Assessment Hub credits do not expire. We retain AI interview recordings and assessment data for up to 12 months, after which we delete them, unless the law requires us to keep them longer or you ask us to delete them sooner.
Recruitment Services and HR Services are professional services scoped in an order or statement of work. They are delivered with due care and skill by experienced consultants. Our services are provided on a fee-for-service basis. Except as set out below for the Search engagement, we do not guarantee a particular outcome, placement, hire or result, and you remain responsible for your hiring and employment decisions.
Our role is to apply our best professional judgment and reasonable endeavours to source suitable candidates and to provide accurate, considered advice. Any candidate we source, shortlist, present or recommend, and any advice, recommendation, report, document or other output we provide, is for your consideration only. You are responsible for making your own enquiries and checks, for the final selection, appointment and engagement of any candidate, and for deciding whether and how to act on our advice. We do not warrant that any candidate will be suitable, will perform or will remain in a role, or that acting on our advice will produce a particular result.
Beyond providing the services with due care and skill, and subject to your rights under any law that cannot be excluded, we accept no responsibility or liability for your hiring, employment, engagement or other decisions, for your reliance on our recommendations or advice, or for outcomes that depend on factors outside our reasonable control, including a candidate's conduct, performance or honesty, your own selection and management decisions, and the accuracy or completeness of information provided to us by you or by third parties such as candidates and referees. This section is subject to sections 17 and 18.
Recruitment Services and HR Services are payable in full in advance, before work commences, except for the Search engagement, where a minimum fee is payable in advance and the balance on placement, as set out in section 6. Because our services are fee-for-service, fees are non-refundable once work has commenced.
For the Search engagement only, we offer a replacement guarantee. If a candidate we place does not commence, or their employment ends within their probation period (up to a maximum of six months from the start date) because they resign or are terminated for performance or conduct, we will carry out one replacement search for the same role at no additional professional fee. This applies where your fees are paid in full, you notify us within a reasonable period, and the departure is not due to redundancy, restructure, a material change to the role or its terms, or other factors outside the candidate's performance. The replacement guarantee covers our professional fee only. Any advertising, job board or promotion costs needed to re-advertise the role are payable by you directly, as they would be for any search. The replacement guarantee is a replacement search only and does not give rise to a refund.
The Shortlist and Recruit services are administered on your behalf and do not include a placement or replacement guarantee. Recruitment Process Outsourcing and other custom engagements are governed by their statement of work.
Deliverables prepared specifically for you are licensed to you for your internal use on payment. We retain ownership of our methods, know-how, templates and tools.
The Services may let you distribute job advertisements to third-party job boards and channels, and may integrate with third-party services. Those third parties have their own terms and privacy practices, and your use of them is at your own risk and subject to their terms. We are not responsible for third-party services. Where job distribution is provided at cost through a third party, the applicable charges are passed through as stated.
Parts of the Services use artificial intelligence to assist with tasks such as drafting, screening, assessment and analysis. AI outputs can be incomplete or inaccurate and should be reviewed by a person before you rely on them. Where the Services support recruitment or HR decisions, experienced consultants are involved in delivered professional outputs, and you remain responsible for your decisions and for any required human review under applicable law.
You must not use AI features to make unlawful automated decisions, and you must comply with laws that apply to automated decision making and profiling. We do not use Customer Data or Candidate data to train general-purpose AI models without your consent.
HRM8 and the HRM8 Group own all intellectual property rights in the Services, including the software, platform, content, branding and documentation, except for Customer Data and third-party materials. These Terms do not transfer any of those rights to you beyond the limited rights to use the Services granted here. You own your Customer Data and your own trademarks and content. If you give us feedback, we may use it to improve the Services without obligation to you.
Each party may receive confidential information of the other. The receiving party will use it only to perform under these Terms, protect it with reasonable care, and not disclose it except to people who need it and are bound by similar obligations, or as required by law. This does not apply to information that is public through no fault of the receiving party, already known, independently developed, or lawfully received from a third party.
We aim to keep the Services available and will use reasonable efforts to do so, but the Services may be unavailable from time to time, including for maintenance, updates or events outside our control. We may publish status and maintenance information. Support is provided as described in your plan or order. We do not make time-bound performance promises in these Terms; any specific service levels, if offered, are set out in a separate written service level agreement.
We warrant that we will provide the Services with reasonable care and skill. Except for that and to the maximum extent permitted by law, the Services are provided on an as-is and as-available basis, and we disclaim all other warranties, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Services will be uninterrupted, error free, or will produce particular results.
Nothing in these Terms excludes or limits rights or guarantees that cannot be excluded under applicable law, including consumer guarantees under the Australian Consumer Law or similar laws in other regions. Where such rights apply and may be limited, our liability is limited to the extent permitted by that law. To the extent the Australian Consumer Law allows us to limit our liability for a failure to comply with a consumer guarantee, our liability is limited, at our option: for goods, to replacing or repairing them or paying the cost of doing so; and for services, to supplying them again or paying the cost of having them supplied again. Where the Services are provided to you by an HRM8 Group entity in another region in the future, the equivalent mandatory consumer protections of that region apply in the same way.
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive loss, or for loss of profits, revenue, goodwill, anticipated savings or data, arising out of or in connection with the Services or these Terms, even if advised of the possibility.
To the maximum extent permitted by law, each party's total aggregate liability arising out of or in connection with these Terms is capped at the total fees you paid to HRM8 for the Services in the 12 months before the event giving rise to the claim. These limits do not apply to a party's liability for death or personal injury caused by negligence, fraud, or other liability that cannot be limited by law.
You will indemnify the HRM8 Group against claims, losses and costs arising from your Customer Data, your use of the Services in breach of these Terms or the law, or your hiring and employment decisions. We will indemnify you against third-party claims that your authorised use of the Services as provided by us infringes that third party's intellectual property rights, subject to the limitations in these Terms. This intellectual property indemnity does not apply to the extent a claim arises from your Customer Data, your combination of the Services with products or data not provided by us, your use of the Services other than as permitted, or any modification of the Services not made by us. To claim, you must promptly notify us of the claim, give us sole control of its defence and settlement, and provide reasonable cooperation. If the Services are, or in our view may become, the subject of an infringement claim, we may at our option obtain the right for you to keep using them, modify or replace them so they are no longer infringing, or, if those options are not reasonably available, terminate the affected Services and refund any prepaid fees for the unused part of the subscription period. This sets out our entire liability and your exclusive remedy for intellectual property infringement.
These Terms apply while you use the Services. Either party may terminate as set out in your order, or for material breach that is not cured within a reasonable period after notice. We may suspend or limit access where reasonably necessary to protect the Services, comply with law, or address non-payment or a serious breach.
On termination, your right to use the Services ends. You may export your Customer Data while your access remains active, and we make your Customer Data exportable to you on request. After a reasonable period following termination, we may delete Customer Data in line with our retention practices and the Privacy Policy, except where we must keep it by law. Terms that by their nature should survive will survive, including sections on data, intellectual property, confidentiality, disclaimers, liability and governing law.
We may update these Terms from time to time. If we make a material change, we will take reasonable steps to notify you, for example by email or in the Services. Changes take effect on the date stated, and your continued use after that date means you accept the updated Terms. If you do not agree to a material change, you may stop using the Services and, for paid plans, follow the cancellation process in your order.
These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales. Where the Services are provided to you by an HRM8 Group entity established in another region in the future, the governing law and jurisdiction for that relationship will be those stated in your order, and otherwise these Terms continue to apply.
Before starting proceedings, the parties will try in good faith to resolve a dispute. Nothing prevents a party from seeking urgent interim relief.
You may not assign these Terms without our consent. We may assign them to an HRM8 Group entity or in connection with a reorganisation, merger or sale. These Terms, together with the documents they reference, are the entire agreement between the parties about the Services and replace prior discussions. If a provision is unenforceable, the rest remains in effect. A failure to enforce a right is not a waiver. Neither party is liable for delay or failure caused by events beyond its reasonable control. Notices must be given in writing to the contact points the parties nominate.
Questions about these Terms can be sent to info@hrm8.com, or by post to HRM8 Pty Ltd, Level 1, 63-73 Ann Street, Surry Hills, NSW 2010, Australia.
