Welcome to the Hatch Terms of Use. We're excited to provide you with access to the next generation of talent, helping them build meaningful careers in your teams!

By using the Platform provided by Hatch Careers Pty Ltd (ABN 49 618 211 868) (we, us, our) you agree to be bound by, and to comply with, these Terms of Use. If you do not accept these Terms or cannot comply with them, you must not use the Platform.

In consideration of the mutual promises set out in these Terms of Use, it is agreed as follows:

(a) Subject to these Terms of Use, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Platform.

(b) You must provide the Inputs and any other information we reasonably request to help us provide the Platform.

(c) You understand that your failure to comply with clause 1.1(b) may impact the Platform.

(a) Your Subscription consists of the Free Subscription Tier.

(b) If you want to upgrade your Subscription or increase your number of Slots, you will need to enter into a Customer Agreement with us.

(a) From time to time, we may offer you a free 45 day trial for a paid Subscription Tier (Trial).

(b) At the conclusion of the Trial, you will not be able to continue to use any Subscription Tier that is a part of your Trial (other than the Free Subscription Tier) unless you enter into a Customer Agreement with us.

(a) You must comply with all Laws in relation to your access and use of the Platform.

You are responsible for:

(a) conducting all aspects of the interview process in compliance with all applicable Laws, including:

(i) selecting which Applicant you wish to interview;

(ii) conducting all Applicant interviews;

(iii) making offers of employment and / or engagement to successful Applicants;

(iv) communicating to unsuccessful Applicants that they were not successful; and

(b) conducting all other aspects of the hiring process in compliance with all applicable Laws and regulations including:

(i) verifying each Applicant’s qualifications and experience;

(ii) verifying the eligibility of Applicants to accept employment; and

(iii) conducting any background checks you deem necessary.

(a) You will ensure that your End Users comply with your obligations under these Terms of Use. You are responsible for your End Users’ acts and omissions as if they were your own. You are responsible for any use of the Platform through your User Accounts.

(b) When you create a User Account, you must provide full and accurate information for such registration and account.

(c) You are responsible for protecting the confidentiality of the passwords and other details used to access User Accounts. We may cancel any User Account access to the Platform if its login details are used by an unauthorised third party. You must not permit, authorise or enable anyone other than your End Users to access the Platform through your User Accounts.

(d) You must notify us immediately if you become aware of any unauthorised access to User Accounts or the Platform.

You acknowledge and agree that:

(a) the Platform is not intended to hold or maintain master or original information; and

(b) you are solely responsible for maintaining a backup of all Your Materials.

You must not use, and you must use all reasonable endeavours to ensure that the End Users do not use, the Platform:

(a) in any way which damages, interferes with or interrupts the Platform, or any telecommunications network, equipment, or facilities, or cabling controlled by us or our suppliers;

(b) in any way which may damage any property or injure or kill any person;

(c) to transmit, publish or communicate material which is defamatory, offensive, abusive, indecent, menacing or unwanted; or

(d) in any other way which contravenes the Acceptable Use Policy.

(a) We may make modifications to the Platform from time to time. If we make a material change to the Platform, we will inform you by email or through the Platform. If the changes have a material detrimental effect on your use of the Platform, you may cancel your Subscription by notifying us in writing at any time during the 30-day period after such changes have been made.

(b) We may update these Terms of Use at any time. If there is a material update, we will inform you by email or through the Platform. The updates will take effect on the date we email you or post the update to the Platform. If you do not accept the updated Terms of Use, you may cancel your Subscription by notifying us in writing at any time during the 30-day period after such changes have been made.

You must at all times comply with Privacy Laws.

(a) You must only use Personal Information you receive in connection with your access of the Platform:

(i) in accordance with Privacy Laws; and

(ii) for the purpose of receiving the benefit of the Platform.

(b) You must not:

(i) sell or offer services or products (such as learning or educational courses or tools) to individuals whose Personal Information you have obtained through your use of the Platform; or

(ii) provide any Personal Information you have obtained through your use of the Platform to any other party, including to any affiliate or Related Party of yours, except where such action is permitted by Law.

Please see our Privacy Policy for how we collect, use and disclose Personal Information.

(a) Each party agrees to protect the other party’s Confidential Information with at least:

(i) the same level of care it uses to protect its own Confidential Information; and

(ii) a reasonable level of care.

(b) Each party may disclose the other party’s Confidential Information to its Personnel (and we may disclose your Confidential Information to our Related Parties and others involved in the provision of the Platform), provided:

(i) they need to know that Confidential Information; and

(ii) they are subject to reasonable confidentiality obligations having regard to the information disclosed.

(c) We may include you on our public customer list and may otherwise identify you as our customer.

(a) We (or our licensors) own all right, title and interest, including all Intellectual Property Rights, in and to Our Materials.

(b) You must not Use Our Materials other than as expressly permitted under these Terms of Use.

(c) You assign to us all right, title and interest, including all Intellectual Property Rights, in and to any Modifications to Our Materials made by or on behalf of you immediately from creation.

(a) You own all right, title and interest, including all Intellectual Property Rights, in and to Your Materials.

(b) You grant us the worldwide, non-exclusive, royalty-free right to Use Your Materials (and to sublicense others to Use Your Materials) in connection with the Platform or these Terms of Use (including to improve the Platform or to develop new services).

(c) You must ensure that:

(i) you are permitted to provide Your Materials for Use in accordance with these Terms of Use; and

(ii) Your Materials (and Use of Your Materials in accordance with these Terms of Use) do not infringe the rights of any third party, including Intellectual Property Rights or rights related to confidentiality or privacy.

(a) Subject to clause 6.3(b), we may, from time to time, notify you of additional terms that apply to access or use of Third Party Material (Third Party Terms). You must comply with all Third Party Terms.

(b) We must give you at least 30 days prior written notice of any new or amended Third Party Terms.

(a) You own all right, title and interest, including all Intellectual Property Rights, in and to Your Data.

(b) We have the right to access and use Your Data and any data relating to your use of the Platform, on a de-identified and aggregated basis, for any purpose in connection with our business.

(c) We retain all rights, including Intellectual Property Rights, in any products created from Your Data under this clause and we are entitled to continue using such products after these Terms of Use have terminated or expired, or your Subscription is cancelled.

If you choose to provide comments or feedback to us in relation to the Platform, you agree that we may use that feedback for any purpose, and without attribution.

You indemnify us (and our Personnel and Related Parties) against any loss, damage or liability arising from or in connection with an IPR Claim.

(a) Nothing in these Terms of Use excludes, restricts or modifies any Non-Excludable Provision.

(b) Where relevant and permissible at law, we limit our liability for breach of a Non-Excludable Provision to one or more of the following at our option:

(i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or

(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

Subject to clauses 8.1 and 8.4, we exclude all liability to you for all loss suffered or incurred arising out of or in connection with these Terms of Use (whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis).

Subject to clauses 8.1 and 8.4, neither party is liable for, and no measure of damages will, under any circumstances, include:

(a) indirect, consequential, special, incidental or punitive damages; or

(b) damages for loss of profits, opportunity, revenue, sales, goodwill or loss of reputation, anticipated savings or business interruption;

whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

Nothing in these Terms of Use excludes or limits either party’s liability for:

(a) death or personal injury resulting from its breach of these Terms of Use;

(b) its fraud or fraudulent misrepresentation;

(c) its deliberate wrongful misconduct;

(d) its obligations under clause 4,

(e) its breach of clause 6.3;

(f) the indemnity provided under clause 7;

(g) its payment obligations under these Terms of Use; or

(h) anything for which liability cannot be excluded or limited under applicable Law.

Subject to clause 8.1, we will not be liable for any loss all loss suffered or incurred arising out of or in connection directly or indirectly from:

(a) the recruitment, selection or hiring of any Applicant;

(b) any failure to hire an Applicant;

(c) any interactions between you and any Applicant;

(d) any failure of any Applicant to accept any offer of employment, or

(e) any Applicant exercising its rights with respect to its Personal Information;

(f) any claims arising from any act or omission of an Applicant while working under your control, supervision or direction, including but not limited to, claims arising out of a result of an Applicant’s negligence;

(g) any claims arising directly or indirectly from the misconduct or dishonesty of an Applicant;

(h) a failure by the Applicant to perform work for you with due care and skill;

(i) delay, failure, interruption, compromise or corruption of any data, content, or other information transmitted in connection with use of the Platform, including information you provide to us or the Platform; and

(j) damage caused by viruses that may infect any computer, telecommunication equipment or other property arising from:

(i) access to, use of, or browsing the Platform; or

(ii) downloading any materials or content from the Platform.

(a) Each party’s liability under these Terms of Use (including under any indemnity) will be proportionately reduced to the extent that the other party or its Personnel caused or contributed to the relevant liability.

(b) We are entitled to a reasonable extension of time for any deadlines or other milestone dates we are delayed in achieving, where our delay is caused or contributed to by you or your Personnel.

(c) We will rely on the accuracy and completeness of Your Materials and will not verify them. Subject to clauses 8.1 and 8.4, we will not be liable for any errors in the Platform or any output of the Platform that is caused or contributed to by Your Materials.

We may suspend your use of or access to the Platform from time to time:

(a) if you fail to comply with these Terms of Use;

(b) to perform routine or emergency maintenance;

(c) to implement service changes and upgrades to the Platform;

(d) if we reasonably believe that your or any of your End Users’ use of the Platform could adversely impact other clients’ or their end users’ use of the Platform or the hosting environment, such as the servers used to provide the Platform;

(e) if there is suspected unauthorised third party access to the Platform;

(f) if we reasonably believe that suspension is required to comply with applicable Law;

(g) if we become aware of any actual or potential IPR Claim;

(h) to mitigate issues caused by any acts or omissions of third parties or issues with any internet infrastructure; or

(i) if the Platform is, in our opinion, being misused in a manner that causes us material detriment.

Where reasonably practicable, we will provide you with at least 10 business days’ notice of any suspension. Any such suspension or resulting downtime will be limited to the minimum extent necessary in the circumstances, as determined by us.

You may cancel your Subscription at any time by providing us with written notice, and we may (in our sole discretion) cancel your access to the Platform at any time by providing you with written notice.

In addition to any other termination or cancellation rights set out in this agreement, either party may terminate these Terms of Use or cancel a Subscription if:

(a) the other party:

(i) is in material breach of the Terms of Use and the breach cannot be remedied;

(ii) is in material breach of the Terms of Use and fails to cure that breach within 30 days of being notified in writing of the breach; or

(iii) is or appears likely to be unable to pay its debts when due or becomes insolvent; or

(iv) it becomes unlawful for the party to perform or comply with its obligations under these Terms of Use.

On termination or expiry of these Terms of Use, or cancellation of your Subscription:

(a) all rights to use or access the Platform will terminate;

(b) we may disable access and use of the Platform with immediate effect; and

(c) you and your End Users will immediately cease using or accessing the Platform.

Except where a party seeks urgent interim relief, a party must not commence court proceedings in relation to any dispute or disagreement arising out of or relating to this agreement (Dispute) unless it has complied with the provisions of this clause 11.

A party claiming that a Dispute has arisen must notify the other party in writing, including a description of the nature of the Dispute (Dispute Notice).

Within 5 business days after receipt of a Dispute Notice, each party must nominate a representative who has express authority to resolve the Dispute, and those representatives must meet to seek to resolve the Dispute by negotiation. All aspects of the negotiation must be kept confidential, and all communications between representatives during the negotiation are made on a without prejudice basis. If the representatives are unable to resolve the Dispute within 20 business days after the date of the Dispute Notice, then either party may have recourse to litigation or other dispute resolution processes.

You acknowledge and agree that:

(a) your use of the Platform is at its own risk.

(b) We provide the Platform exclusively on an as-is basis without any representation or warranty of any kind including, without limitation:

(i) any warranty of merchantability;

(ii) fitness for a particular purpose; or

(iii) non-infringement.

(c) We do not warrant the accuracy or completeness of the materials or services on or through the Platform.

(d) We will not be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Platform.

We do not provide any warranties, representations or guarantees:

(a) regarding the accuracy, completeness and usefulness of all Applicant information provided through the Platform;

(b) relating to the volume and quality of Applications received for any Role; and

(c) that any Applicant will achieve a certain level of performance, achieve a certain outcome, solve a particular problem, or attain a specific goal.

Each party will provide notices under these Terms of Use by sending an email to the other party’s contact email address. Notice will be treated as received when the email is sent.

Neither party will be liable for any failure or delay in performance of its obligations to the extent caused by a Force Majeure Event.

(a) Nothing in these Terms of Use limits any liability either party may have in connection with any representations or other communications (either oral or written) made prior to or during the term of these Terms of Use, where such liability cannot be excluded.

(b) Subject to clause 13.3(a), these Terms of Use supersede all previous agreements, understandings, negotiations, representations and warranties about its subject matter and embodies the entire agreement between the parties about its subject matter.

(c) To the maximum extent permitted by Law:

(i) all express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms of Use or its subject matter, not contained in these Terms of Use, are excluded from these Terms of Use; and

(ii) the parties must not rely on any representation made by the other party or any other person, except as expressly set out in these Terms of Use.

Any term of these Terms of Use which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of the Terms of Use or term is not affected.

We may use subcontractors to perform the obligations of these Terms of Use and for the other purposes set out in these Terms of Use. We remain responsible for the performance of our obligations as set out in these Terms of Use.

(a) We may, without your approval, assign, novate or transfer any of our rights or obligations arising out of or under these Terms of Use (or any part of these Terms of Use) to any entity with sufficient financial capacity (whether directly or indirectly including by way of intra-group arrangements) to perform the obligations under the Terms of Use.

(b) You may only assign, novate or transfer any of your rights or obligations arising out of or under these Terms of Use (or any part of these Terms of Use) to another person with our prior written approval, which will not be unreasonably withheld.

Each party enters into these Terms of Use in their own legal capacity and not as agent or trustee for any other person, and only you and we have the right to enforce these Terms of Use.

Any clause that is intended to survive termination of these Terms of Use or cancellation of your Subscription will do so including, but not limited to, clauses 4 to 7 and 11 to 13,.

(a) We are an independent contractor. These Terms of Use do not form any partnership, joint venture, fiduciary, employment, agency or other relationship between the parties. Neither party has the power to bind the other.

(b) We do not act on your behalf in the recruitment and selection for any role and do not make offers of employment to any Applicant.

(c) If you employ any Applicant based on the Platform, any engagement will be directly between you and the successful Applicant. We will not employ or otherwise engage any successful Applicant on your behalf.

These Terms of Use and any dispute arising from these Terms of Use, whether contractual or non-contractual, will be exclusively governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts sitting in New South Wales, Australia, including Federal Courts sitting in that State.

Acceptable Use Policy means our acceptable use policy as set out on our Website or made available to you, as updated from time to time.

Applicant means any person seeking employment through the Platform.

Application means an application for a Role made by an Applicant.

Confidential Information with respect to a disclosing party, means all information, data and material disclosed by such disclosing party to the receiving party (in whatever form) that is marked or described as, or provided under circumstances reasonably indicating it is, confidential or proprietary. Our Confidential Information includes all non-public information and materials (technical, business and otherwise) related to the Platform, provided to you via the Platform, or provided by us to you in relation to these Terms of Use. Confidential Information does not include information that:

(a) is or becomes generally available in the public domain, other than through any breach of confidence by the receiving party;

(b) is rightfully received by the receiving party from a third party other than as a result of a breach of confidence; or

(c) has been independently developed by the receiving party without using any other Confidential Information of the disclosing party.

Dispute has the meaning given in clause 11.1.

Dispute Notice has the meaning given in clause 11.2.

End User means any of your Personnel or other third parties permitted by you to access and use the Platform.

Force Majeure Event means fire, flood, earthquake, elements of nature or acts of God, epidemics, pandemics, wars, terrorist acts, site-specific terrorist threats, cyber-attacks and threats, riots, civil disorders, rebellions or revolutions, government orders, network communications failure or delay (including failure of any third-party APIs), or any other cause beyond the reasonable control of a party.

Free Subscription Tier means the free Subscription Tier.

Inputs means:

(a) information to inform the requirements for any Role for which you wish to receive Applications and review Applicants; and

(b) information relating to which Applicants were interviewed, offered employment and accepted a Role.

Intellectual Property Rights means all copyrights, patents, rights with respect to trademarks, service marks, and trade dress, trade secret rights, rights in domain names, rights with respect to databases and other compilations and collections of data or information, publicity rights, and other intellectual and industrial property rights anywhere in the world, whether statutory, common law or otherwise.

IPR Claim a claim that any of Your Materials provided under these Terms of Use or Modifications to Our Materials made by or on behalf of you under these Terms of Use or their Use in accordance with these Terms of Use infringes the Intellectual Property Rights of any third party.

Law means any law, including any common law, equity, statute, regulation, proclamation, ordinance, by-law, mandatory code of conduct, writ, judgment and any award or other industrial instrument.

Modifications means improvements, enhancements, and modifications to materials, and/or derivative works of such materials.

Non-Excludable Provision means a guarantee, warranty, term or condition that is implied or imposed by law and cannot be excluded.

Our Materials includes:

(a) the Platform, any documentation and any other material provided by us (or our Personnel) to you in connection with the Platform;

(b) anything developed by or on behalf of us in connection with these Terms of Use; and

(c) all Modifications to the materials described in (a) or (b) made by or on behalf of either party.

Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth).

Personnel means any officer, employee, agent, contractor or subcontractor of the parties.

Platform means the online platform we make available to you through our Website which provides you with access to our marketplace, whereby you can perform the following activities:

(a) publish your Roles up to the number of Slots you hold to our pool of Applicants; and

(b) review, progress and decline Applications made for your published Roles using our holistic fit application review process.

Privacy Laws means the Privacy Act 1988 (Cth) and any other laws and binding industry codes relating to the management of Personal Information.

Privacy Policy means our privacy policy as set out on our Website or otherwise made available to you, as updated from time to time.

Related Parties means any related bodies corporate within the meaning of the Corporations Act 2001 (Cth).

Role means a job opportunity that you are advertising on the Platform.

Slot means a slot on the Platform that allows you to post Roles. For clarity, if a Role is filled, or taken down, you may post another role in that Slot.

Subscription means your subscription with us to use the Platform.

Subscription Tier means the tier of access you get to the Platform, available on our website at www.hatch.team.

Third Party Material means all software, APIs, data, and any other content and material that are obtained or derived from third party sources (i.e. sources other than us) that you may access or use in connection with this agreement. It includes third party data sources and any third party APIs used to access data for the Services.

Trial has the meaning given in clause 1.3(a).

Use means to access, use, store, process, display, copy, communicate, modify and/or to create derivative works from.

User Account means an End User account associated with a unique user name and password, through which the End User may access and use the Platform as permitted under these Terms of Use.

Website means the website operated by us which is https://www.hatch.team/.

Your Data means any data that you or any End User inputs, transmits or uploads to, or otherwise stores or processes on or through, the Platform.

Your Materials means any information (including any Personal Information) or materials that:

(a) you provide to us in connection with these Terms of Use (including for purposes of making them available to End Users via the Services); or

(b) you or any End User inputs, transmits or uploads to, or otherwise stores or processes on or through, the Platform.