1. Introduction

    1. We are very pleased to offer these Platform Terms (Terms) to you for the use of the Hatch Platform.

    2. These Terms become effective you “Accept” them by clicking “Sign Up" on our website

    3. Where you “Accept” these Terms on behalf of your company or organisation, you warrant that you have the capacity and authority to enter these Terms on behalf of your company and agree the company or organisation will be bound by these Terms as the Client.

    4. We may amend these Terms by notifying you in writing (including by email). Where you access the Hatch Platform after any changes to our Terms. This will amount to acceptance of the new Terms.

  2. Privacy and Confidentiality

    1. In using the Hatch Platform, you will be provided with, and will have access to, Personal Information of Job Seekers. You agree that you will at all times comply with the Privacy Act 1988 (Cth), in respect of all Personal Information you are provided or have access to.

    2. For more information on our approach to privacy and Personal Information please refer to our Privacy Policy.

    3. So far as the law allows, you must maintain the confidentiality of any Confidential Information. You must not use or disclose Confidential Information that we communicate to you without our prior written consent.

  3. Intellectual Property and Posted Content

    1. We own all Intellectual Property relating to the Matching Services, the Hatch Platform and any Hatch Materials developed in connection with the Matching Services.

    2. You must not use the Intellectual Property for any purpose other than as is required for use of the Hatch Platform under these Terms.

    3. You own any Posted Content made or used in connection with the Matching Services.

    4. So that we may provide the Matching Services, you:

      1. agree to grant us an unconditional royalty free licence and right to use, display, copy, modify, adapt, reproduce, commercialise, prepare derivative works, display and publish all intellectual property that forms all or part of the Posted Content; and

      2. consent to us displaying your name and/or logo on the Hatch Platform in the context of the Matching Services.

    5. You agree to indemnify and keep us indemnified from and against any claims arising from the Posted Content, including without limitation, any breach of intellectual property rights.

  4. Exclusions

    1. We will not be liable for any claims arising directly or indirectly from the recruitment, selection or engagement of a Job Seeker.

    2. Without limiting 4(a) above, we are not responsible for any loss suffered by you if you do, or do not, decide to hire a Job Seeker. The hiring decision rests with you and we do not provide any replacement guarantees in respect of the Matching Services.

    3. We will not be liable for any loss or damage you may suffer arising from a Job Seeker exercising their rights with respect to their Personal Information.

    4. Because any successful Job Seeker will work under your direct engagement, control, supervision:

      1. we make no representation or guarantee that they will achieve a certain level of performance, achieve a certain outcome, solve a particular problem, or attain a specific goal; and

      2. we will not be liable to you for, and you will hold us harmless against any liability for damage, loss or injury of whatsoever nature or kind, or any other claims however caused whether directly or indirectly, by the acts or omissions of one or more successful Job Seekers (including their servants or agents) whilst they are working under your control, supervision or direction, including but not limited to, as a result of the successful Job Seeker’s negligence.

    5. Without limiting 4(d), we will not be liable for any claims arising directly or indirectly from the misconduct or dishonesty of a Job Seeker, or a failure by any Job Seeker you engage to perform work for you with due care and skill.

    6. Our liability for any breach of a term implied in these Terms by any law will be limited, at our option, to providing, or paying the costs of providing, the Matching Services again for the Role.

  5. General

    1. These Terms apply only to you accessing the Hatch Platform. If you request a Shortlist you will need to also need to read and accept our Shortlist Terms.

    2. Nothing in these Terms will be deemed to create a partnership, joint venture, or relationship of agent between you and us.

Definitions

Role

means any role (whether advertised or not) available with a Client, including any role in which Hatch uses its talent matching technology to match Job Seekers with a Client and / or any role where Hatch may put forward a Job Seeker to a Client.

This includes any role advertised on the Hatch Platform or any role advised by the Client through another source (e.g. LinkedIn, Indeed or Seek) with a unique Hatch link embedded in the advertisement.

Client, you or your

means the entity to whom these terms were provided and who accepted them by actioning in accordance with clause 1 of these Terms and, where the context indicates, a related body corporate of that client.

Confidential Information

means any information which either party accesses or which is communicated in the course of our engagement and which is identified as confidential; or which either party should reasonably expect to be confidential. It includes, but is not limited to: any trade secrets or information relating to customers, or clients; customer requirements; employees and officers, employees of clients or customers; suppliers; terms of trade; pricing lists or pricing structures; marketing information and plans; intellectual property; inventions; business plans or dealings; technical data; financial information and plans; designs; product lines; research activities; software and the source code of any such software, of ours.

It does not include information that is generally available in the public domain unless by unauthorised use or disclosure or which you are required to disclose by law.

Hatch Materials

means all works, documentation, ideas, concepts, designs, inventions, developments, improvements, systems or other material or information, created, made, discovered or supplied by Hatch in connection with the Shortlisting Services.

Hatch Platform

means Hatch’s talent matching platform used by you to identify talent and used by Job Seekers to be matched with a role.

Intellectual Property

means all present and future rights conferred by statute, common law or equity in or in relation to copyright, trademarks, designs, patents, circuit layouts, business and domain names, inventions, trade secrets and Confidential Information, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registrable, registered or patentable. These rights include all rights in all applications to register these rights all renewals and extensions of these rights and all rights in the nature of these rights, such as Moral Rights.

Moral rights

means rights of integrity of authorship, rights of attribution of authorship, rights not to have authorship falsely attributed and rights of a similar nature, that exist, or may come to exist, anywhere in the world in all Materials made or to be made by Hatch in connection with the Shortlisting Services.

Personal Information

means information or an opinion whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

Job Seeker or Job Seekers

means any individual that signs up for the Hatch Platform to view, explore or search for work opportunities including, without limitation, any person who applies for a Role.

Posted Content

means any content created and displayed in connection to the Role.

Shortlist

means the shortlist of Job Seekers that we match to your Role using our matching technology.

Matching Services

means the matching and shortlisting of best fit Job Seekers using our talent matching platform.

Us, our we or Hatch

refers to Hatch People Pty Ltd. ABN: 62 618 211 484. www.hatch.team

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