Terms of Use

[7.5] TERMS OF USE / PLATFORM TERMS

1. Introduction

These Terms of Use govern access to and use of the HivePo platform, website, and related services.

By accessing or using HivePo, you agree to be bound by these Terms of Use. If you do not agree, you must not access or use the platform.

HivePo is a recruitment technology platform designed to support Process Outsourced recruitment services by connecting businesses, recruiters, agencies, and other participants through a structured digital environment.

These Terms apply to all users of the platform, including visitors, registered users, clients, recruiters, agencies, candidates, and other stakeholders who access or use HivePo in any way.

2. About HivePo

HivePo is a technology platform. It is not, unless expressly stated otherwise, acting as an employer, labour hire provider, legal adviser, financial adviser, migration adviser, or guarantor of hiring outcomes.

HivePo provides platform infrastructure, workflow tools, communication functionality, administrative controls, and related support services to enable recruitment activity to occur in a more structured and transparent manner.

HivePo may facilitate interactions between users, but does not guarantee that any role will be filled, any candidate will be hired, any recruiter will receive work, or any commercial opportunity will result from use of the platform.

3. Eligibility

You may only use HivePo if:

• you are legally capable of entering into binding agreements
• the information you provide is accurate, current, and complete
• your use of the platform complies with applicable laws and regulations
• you are authorised to act on behalf of any business or organisation you represent

HivePo may refuse access, suspend accounts, or terminate use where eligibility requirements are not met.

4. User accounts

To access certain features of HivePo, users may be required to create an account.

You are responsible for:

• maintaining the confidentiality of your login credentials
• restricting access to your account
• ensuring all account information remains accurate and up to date
• all activity that occurs under your account unless caused by HivePo’s proven fault

You must notify HivePo promptly if you suspect unauthorised access, misuse, or compromise of your account.

HivePo reserves the right to suspend, restrict, or terminate accounts where there is suspected misuse, inaccurate information, non-compliance, security risk, or breach of these Terms.

5. Acceptable use

You must not use HivePo to:

• breach any law or regulation
• upload false, misleading, or deceptive information
• infringe another party’s intellectual property or privacy rights
• misuse candidate information or confidential business information
• upload malicious code, viruses, or harmful content
• interfere with platform security, integrity, or availability
• attempt unauthorised access to accounts, systems, or data
• harass, abuse, threaten, or discriminate against any user
• use the platform for spam, unlawful promotion, or improper solicitation
• circumvent fees, workflows, approval requirements, or platform controls
• copy, reverse engineer, scrape, or exploit the platform or its content without permission

HivePo may investigate suspected misuse and take action including suspension, removal of content, account restriction, reporting to relevant authorities, or legal action where appropriate.

6. Platform role and limitations

HivePo provides a platform environment only and does not guarantee:

• the suitability, quality, legality, or performance of any user
• the accuracy of information submitted by users
• that any candidate, recruiter, client, or agency will meet another party’s expectations
• uninterrupted or error-free platform availability
• that use of the platform will result in a hire, engagement, payment, or commercial outcome

Users remain responsible for their own decisions, including hiring decisions, commercial agreements, interviews, assessments, background checks, references, and legal compliance.

7. User content and information

Users may submit content to the platform, including profile information, company details, job requisitions, candidate data, communications, documents, billing information, and other materials.

By submitting content to HivePo, you confirm that:

• you have the right to provide that content
• the content is accurate to the best of your knowledge
• the content does not breach any law, confidentiality obligation, or third-party right
• HivePo may use, store, process, display, and transmit that content as reasonably necessary to operate the platform and deliver its services

You remain responsible for the content you submit.

HivePo may remove, restrict, or refuse content that it considers inappropriate, unlawful, misleading, unsafe, or inconsistent with platform requirements.

8. Intellectual property

All intellectual property in the HivePo platform, including its software, design, branding, content, workflows, functionality, graphics, text, and underlying systems, remains the property of HivePo or its licensors unless otherwise stated.

Use of the platform does not transfer any intellectual property rights to you.

You must not reproduce, copy, modify, distribute, license, sell, publish, reverse engineer, or exploit any part of the platform except as expressly permitted in writing by HivePo.

9. Privacy and data handling

HivePo handles personal information and platform data in accordance with its Privacy Policy and related data handling practices.

By using the platform, you acknowledge that HivePo may collect, store, process, and use personal and business information as reasonably necessary to operate the platform, provide services, maintain security, support compliance, and improve platform functionality.

Users must handle personal information accessed through HivePo lawfully, securely, and only for authorised purposes.

10. Fees and payments

Some HivePo services may involve fees, charges, commissions, margins, or payment processing arrangements.

Where applicable, those matters are governed by relevant commercial terms, service-specific terms, fee schedules, payment policies, or separate agreements.

By using paid features or services, you agree to pay all applicable amounts in accordance with the relevant terms.

HivePo may suspend access to certain services or features where payments are overdue, disputed, unauthorised, or otherwise non-compliant.

11. Third-party services

HivePo may use or integrate with third-party service providers, including payment, communication, analytics, authentication, storage, or other infrastructure providers.

HivePo is not responsible for the independent acts, omissions, outages, or failures of third-party services, except to the extent required by law.

Use of third-party services may also be subject to those providers’ own terms and policies.

12. AI-assisted functionality

HivePo may provide AI-assisted tools, summaries, recommendations, content generation, or workflow support features.

These features are provided to support user efficiency and decision-making, but they do not replace human judgement, legal advice, hiring assessment, financial advice, or professional verification.

Users remain responsible for reviewing and validating outputs before relying on them.

HivePo does not warrant that AI-assisted outputs will be complete, accurate, error-free, or suitable for a particular purpose.

13. Recruiter and client responsibilities

Clients, recruiters, agencies, and other users are responsible for meeting their own legal, commercial, tax, employment, insurance, privacy, and regulatory obligations.

Where platform policies or service-specific terms require insurance, compliance documentation, authority confirmations, or agreement acceptance, users must satisfy those requirements before accessing certain features or receiving certain benefits, including payment where applicable.

14. Suspension and termination

HivePo may suspend, restrict, or terminate access to the platform at any time where reasonably necessary, including where:

• these Terms are breached
• there is suspected fraud, misuse, or unlawful conduct
• there is a security or compliance concern
• required information is false, incomplete, or outdated
• fees remain unpaid
• platform operations require restriction, maintenance, or protection

HivePo may also remove or restrict access to features, content, roles, submissions, or user accounts as part of platform administration.

Termination or suspension does not affect any accrued rights, obligations, fees, liabilities, or surviving provisions.

15. Disclaimers

To the maximum extent permitted by law, HivePo provides the platform on an “as is” and “as available” basis.

HivePo makes no representation or warranty that:

• the platform will be uninterrupted, secure, or error-free
• the platform will always be available or free from defects
• content or user information will always be accurate, complete, or current
• platform use will achieve any specific commercial, hiring, or operational result

Nothing in these Terms excludes rights that cannot lawfully be excluded under applicable law, including rights under the Australian Consumer Law where applicable.

16. Limitation of liability

To the maximum extent permitted by law, HivePo excludes liability for any indirect, incidental, special, consequential, exemplary, or loss-of-profit damages arising out of or connected with use of the platform.

Where liability cannot be excluded, HivePo’s liability is limited to the minimum extent permitted by law.

HivePo is not liable for:

• hiring decisions made by users
• conduct of clients, recruiters, candidates, agencies, or third parties
• loss arising from inaccurate user content
• delays, outages, data loss, cyber events, or third-party failures beyond reasonable control
• reliance on AI-assisted outputs or user-generated information without verification

17. Indemnity

You agree to indemnify and hold HivePo, its directors, officers, personnel, contractors, and related entities harmless from claims, losses, damages, liabilities, costs, and expenses arising from:

• your breach of these Terms
• your misuse of the platform
• your content, data, or submissions
• your breach of law or third-party rights
• your dealings with other users

This clause applies to the extent permitted by law.

18. Changes to the platform and terms

HivePo may update, modify, suspend, or discontinue any part of the platform from time to time.

HivePo may also amend these Terms of Use at any time by publishing updated terms on the platform.

Continued use of HivePo after updated terms take effect constitutes acceptance of those updated terms.

Where appropriate, HivePo may notify users of material changes through the platform or by other reasonable means.

19. Governing law

These Terms are governed by the laws of the applicable Australian jurisdiction nominated by HivePo, unless otherwise required by law.

Users submit to the non-exclusive jurisdiction of the courts of that jurisdiction and any courts entitled to hear appeals from them.

20. Contact

Questions about these Terms of Use may be directed to HivePo through the platform contact page or the relevant support channel listed on the website.

Shorter website version

These Terms of Use govern access to and use of the HivePo platform, website, and related services. By using HivePo, users agree to comply with these terms, including platform rules, acceptable use obligations, account responsibilities, and applicable legal and commercial requirements.