Free recruitment software terms
1. Collection of Information
In order to use the Happy HR PTY LTD website, we may require information from you in order to provide the best service possible.
Clients:
Any information collected by Happy HR PTY LTD collected is to ensure we can identify your company to potential matches.
You may delete your free recruitment account and data at any time.
Candidates:
Any information collected by Happy HR PTY LTD collected is to ensure we can identify you to potential company matches. At all times you must agree to send information and there is a pop up to ensure you agree to share your information. At no time will your information be shares without your consent. You may delete your free recruitment account and data at any time.
2. Use of collection information
Any details collected from Happy HR PTY LTD customers is required to provide you with our products and/or services, and a high level of customer service.
Correspondence is maintained to provide service, and to assist in our staff development.
3. Storage of collected Information
The security of your personal information is important to us. When you enter sensitive information on our website, we encrypt that information.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.
If you have any questions about security on our Website, you can email us.
4. Access to collected Information
If your personally identifiable information changes, you may correct or update by logging into your account.
5. Communications
Happy HR PTY LTD uses personally identifiable information for essential communications, such as emails, accounts information, and critical service details. We may also use this information for other purposes, including some promotional Emails. If at any time a customer wishes not to receive such correspondence, they can request to be removed from any mailing lists by emailing us at help@happyhr.com.
You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether to share your information with that party.
6. Third parties
Happy HR PTY LTD may at its discretion use other third parties to provide essential services on our site such as integrations or for our business processes.
7. Legal
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our website. We may be required by law to disclose personal information. For instance, we may be required to provide details to:
Australian Government regulators such as the Australian Securities and Investments Commission (ASIC), Australian Tax Office (ATO), Australian Transaction Reports and Analysis Centre (AUSTRAC) and to other regulatory or government entities; as required by a court order; to other regulatory or governmental entities; and your spouse in accordance with the Family Law Act requirements.
8. Links
Links on the Happy HR PTY LTD site to external entities are not covered within this policy. The terms and conditions set out in this privacy statement only cover the domain name of www.happyhr.com.
9. Changes to fee recruitment terms
If we decide to change these terms, we will post those changes to these terms, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify these terms at any time, so please review it frequently. If we make material changes to these terms, we will notify you here, by email, or by means of a notice on our homepage www.happyhr.com
10. Acceptable Use (AU)
Only AU companies and candidates can use the Happy HR free recruitment software, if you are not AU based your account will be deleted.
If you are seen to breach any of the clauses in these terms your account will be deleted.
11. Intellectual Property
The Company retains all title and interest in any intellectual property associated or created in relation to the Service, Website, Documents, Logic and Functionality.
Where the Company has designed, drawn or developed unique and/or original works, designs or drawings in connection with the Service, copyright in such works, designs or drawings shall vest in the Company. The Client and candidate fully acknowledges that Happy HR is the owner of such IP, Functionality and Logic.
The Client and Candidate warrants that the Company is entitled to use all documents and drawings provided by the Client for the purposes of providing the Service and that such use will not infringe any third party’s intellectual property rights.
The Client and Candidate shall indemnify the Company from and against all claims and all losses and damages incurred by the Company as a consequence of any claim against the Company for infringement of a third party’s intellectual property rights in connection with the provision of the Service in accordance with a document that is; supplied by, prepared under the instruction of, or prepared from sketches provided by, the Client and Candidate.
The Company may use any documents, designs, drawings or goods that the Company has created for the Client and Candidate. including photographs and CV or other thereof for the purposes of marketing the Company’s business or entry into any competition the Client and Candidate provides prior written consent which will not be unreasonably withheld.
All Happy HR company functionality is copyrighted and must not be redeveloped by a client in any way whatsoever. The Client and Candidate fully acknowledges that Happy HR is the owner of such IP, Logic and Functionality.
12. Limitation of Liability
Unless the Order Form specifies otherwise, the Company disclaims any assumption of responsibility for reliance on the Service or any document:
(i) by any party other than the Client;
(ii) by any party including the client in relation to the rostering of employees and/or payroll services provided;
(iii) where the Client has amended or varied the Service in any way whatsoever including, without limitation, the implementation of the Service, and for any purpose other than the purpose for which the document or Service was prepared.
(iv) The Company’s liability to the Client (and any party claiming through the Client against the Company) for any claim for loss or damage (including legal expenses), whether arising in contract, tort or otherwise, in connection with the Agreement shall be limited to the lesser of the costs of supplying the services again, or payment of the costs of having the services supplied again, or The Company shall not be liable for any indirect, special or consequential loss or damage of any nature whatsoever resulting from or caused in any way by the carrying out of the Service.
13. Default & termination of contract
The Company may terminate the Agreement by notice in writing immediately if:
Where the Client is a company, the Client has an administrator appointed to it, enters into liquidation or provisional liquidation, whether voluntary or otherwise (except for the purpose of reconstruction or amalgamation following prior notice in writing to the Company) or has a receiver and/or manager appointed over all or any of the its property,
Where the Client or the Guarantor is an individual, the Client or the Guarantor:
(i) commits an act of bankruptcy, becomes a bankrupt or enters into an agreement under the Bankruptcy Act 1966, or
is deceased.
(ii) the Client and Candidate or the Guarantor enters into or resolves to enter into any arrangement, composition or compromise with, or assignment for the benefit of, its creditors of any class of them.
(iii) the Client and Candidate publicly damages the Company’s reputation or engages in conduct that would likely to be considered defamatory against the Company.
14. Suspension
If the Client is in breach of the Agreement the Company may suspend the carrying out of the Service and must promptly give to the Client written notice of the suspension and details of the breach.
The Company must recommence the providing the Service within a reasonable time after the Client remedies the breach and gives the Company written notice of that fact.
15. Continuing Development
The client and candidate acknowledge that the Company may undertake ongoing development of features and functionality of the Service.
The Company will endeavour to avoid or minimise any interruption to the Service when undertaking development or upgrade work.
The Company may, at its sole discretion, release subsequent versions of the Service. This may occur from time to time to add new features and functionality.
The Company will endeavour to maintain backwards compatibility with previous versions. In situations where backwards compatibility is not possible the Company will provide the client and candidate with details of such changes at least 30 days in advance of the changes going live.
The Company will endeavour to maintain and update the Service in accordance with changes to legislation and/or authorities that relate to the Service.
The client and candidate acknowledge that, in some circumstances, these updates may be delayed from time to time.
16. Support & Maintenance
The Company will as far as reasonably practicable:
Provide the Client and Candidate at least 24 hours notice of any scheduled maintenance that will result in use of the Service being interrupted, and
Promptly rectify, at no cost to the Client and Candidate, any defects in the operation of or connectivity with the Service that are notified to it or detected by it to the extent that such rectification is within the Company’s reasonable control.
The Company will provide maintenance services at no cost to the Client in relation to:
(i) Works required to maintain proper operation of the Service in accordance with the relevant Service specifications and the rectifying as soon as reasonably practicable of any defects in the Service or systems within its control,
solving any reproducible problems that the Client reports in writing to the Company; and
(ii) Telephone trouble shooting assistance with connectivity issues during Normal Business Hours.
(iii) Support and maintenance time and expenses will be charged to the Client according at the Company’s standard rates where time is spent and/or expenses incurred by the Company resolving any issue for which the Company is not responsible, including but not limited to, issues:
(iv) Reported by the Client or Candidate where investigation by the Company proves to be non-existent,
(v) Reported by the Client or Candidate where on investigation by the Company the issue proves to be the responsibility of the Client or Candidate, or created by the Client or Candidate resulting from misuse of the Service or breach of these terms and conditions.
17. Term
The parties agree that the Company shall provide the Client and the candidate free of charge on a month-to-month basis. We reserve the right to change this clause without notice.
18. General
The Agreement embodies the whole agreement between the parties relating to the subject matter of the Agreement and supersedes any and all oral and written negotiations and communications by or on behalf of any of the parties. The terms in the Agreement may not be varied, waived, discharged or released, except with clause 17.
No right under the Agreement is waived or deemed to have been waived in relation to any instance unless in writing and signed by the party waiving the right. A party does not waive its right under the Agreement by granting an extension of time or any other forbearance to another party.
The Agreement shall be governed by and constructed pursuant to the laws of the State of Victoria. The parties irrevocably submit to the jurisdiction of the Courts of Victoria in connection with any dispute relating to the Agreement.
The parties agree that a construction of the Agreement that results in all provisions being enforceable is to be preferred to a construction that does not so result.
If, despite the application of this clause, a provision of the Agreement is illegal or unenforceable:
if the provision would not be illegal or unenforceable if a word or words were omitted, that word or those words are severed; and
in any other case, the whole provision is severed, and the remainder of the Agreement continues in force.
19. Your data
Your data is stored on Happy HR’s protected AWS data servers instead of your own computers. This way if you happen to lose your computer your HR data is secure.
Our clients and Candidates own their own personal data and information and we will not ever sell to any third parties.
Happy HR cannot access your data etc unless you give us access to it.
Personal information is salt encrypted for extra security and protected while at rest. NIST Cryptographic Mechanisms are used for data repositories holding sensitive personal information are some of the practices we use to protect client data.
