WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website

  1. Welcome to Hireyu.com.io (Website). The Website is a technology provider of artificial intelligence (AI), resume scanning (parsing), and copywriting services. (Services). We utilise GPT-4 technology to read a candidate’s resume and write a personal, professional cover letter based on your job search or input criteria.
  2. The Website is operated by Hireyu Pty Limited (ACN 671 847 662). Access to and use of the Website, or any of its associated Products or Services, is provided by Hireyu Pty Limited. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
  3. Hireyu Pty Limited, reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Hireyu Pty Limited updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by
clicking to accept or agree to the Terms where this option is made available to you by Hireyu
Pty Limited in the user interface.

3. Registration to use the Services

  1. In order to access the Services, you must first register for an account through the
    Website (Account ).
  2. As part of the registration process, or as part of your continued use of the Services,
    you may be required to provide personal information about yourself (such as
    identification or contact details), including:

    1. Email address
    2. Mailing address
    3. Telephone number

  3. Financial information: You warrant that any information you give to Hireyu Pty Limited in
    the course of completing the registration process will always be accurate, correct and up
    to date.

  4. Once you have completed the candidate or client registration process, you will be
    a registered member of the Website (Member) and agree to be bound by the
    Terms.

  5. You may not use the Services and may not accept the Terms if:
    • you are not of legal age to form a binding contract with Hireyu Pty Limited
      under; or
    • you are a person barred from receiving the Services under the laws of Australia
      or other countries, including the country in which you are resident or from which
      you use the Services.

4. Your obligations as a User

As a User, you agree to comply with the following:
    1. You will use the Services only for purposes that are permitted by:
      • the Terms; and
      • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
    2. You are solely responsible for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
    3. any use of your registration information by any other person or third parties is strictly prohibited. You agree to immediately notify Hireyu Pty Limited of any unauthorised use of your password or email address or any breach of security of which you have become aware;
    4. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Hireyu Pty Limited, providing the Services;
    5. you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Hireyu Pty Limited;
    6. you will not use the Services or Website for any illegal and/or unauthorised use, which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
    7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Hireyu Pty Limited will take appropriate legal action for any illegal or unauthorised use of the Website and
    8. you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5. Copyright and Intellectual Property

  1.  The Website, the Services and all of the related products of Hireyu Pty Limited are subject to copyright.
    The material on the Website is protected by copyright under the laws of Australia and through
    international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and
    compilation of the Website (including but not limited to text, graphics, logos, button icons, video images,
    audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or
    controlled for these purposes, and are reserved by Hireyu Pty Ltd or its contributors.

    (b) All trademarks, service marks and trade names are owned, registered and/or licensed
    by Hireyu Pty Limited under license of Hireyu Pty Ltd, who grants to you a worldwide,
    non-exclusive, royalty-free, revocable license whilst you are a Member to:

    (c) You agree and acknowledge that Hireyu Nuigini Limited under license of Hireyu Pty Ltd can vary the Services Fee at any time.

  2. All trademarks, service marks and trade names are owned, registered and/or licensed
    by Hireyu Pty Limited under license of Hireyu Pty Ltd, who grants to you a worldwide,
    non-exclusive, royalty-free, revocable license whilst you are a Member to:
    • use the Website pursuant to the Terms;
    • copy and store the Website and the material contained in the Website in your
      device’s cache memory; and
    • print pages from the Website for your own personal and non-commercial use.

    Hireyu Pty Ltd does not grant you any other rights whatsoever in relation to the Website
    or the Services. Hireyu Pty Limited expressly reserves all other rights.

  3. Hireyu Pty Limited retains all rights, title and interest in and to the Website and all
    related Services. Nothing you do on or in relation to the Website will transfer any:

    • business name, trading name, domain name, trade mark, industrial design,
      patent, registered design or copyright, or

    • a right to use or exploit a business name, trading name, domain name, trade mark
      or industrial design, or

    • copyright (or an adaptation or modification of such a thing, system or process).

  4. You may not, without the prior written permission of Hireyu Pty Limited and the
    permission of any other relevant rights owners, broadcast, republish, up-load to a third
    party, transmit, post, distribute, show or play in public, adapt or change in any way the
    Services or third party Services for any purpose unless otherwise provided by these
    Terms. This prohibition does not extend to materials on the Website which are freely
    available for re-use or are in the public domain.

6. Privacy

Hireyu Pty Limited, takes your privacy seriously, and any information provided through your use of
the Website and/or Services are subject to Hireyu Pty Limited Privacy Policy, which is available on
the Website.

7.General Disclaimer

  • Nothing in the Terms limits or excludes any guarantees, warranties, representations or
    conditions implied or imposed by law, including the Australian Consumer Law (or any
    liability under them), which by law may not be limited or excluded.

  • Subject to this clause and to the extent permitted by law:

    • all terms, guarantees, warranties, representations or conditions which are not
      expressly stated in the Terms are excluded; and
    • Hireyu Pty Limited will not be liable for any special, indirect or consequential loss
      or damage (unless such loss or damage is reasonably foreseeable resulting from
      our failure to meet an applicable Consumer Guarantee), loss of profit or
      opportunity, or damage to goodwill arising out of or in connection with the
      Services or these Terms (including as a result of not being able to use the
      Services or the late supply of the Services), whether at common law, under
      contract, tort (including negligence), in equity, pursuant to statute or otherwise.

  • Use of the Website and the Services is at your own risk. Everything on the Website and
    the Services is provided to you "as is" and "as available" without warranty or condition of
    any kind. None of the affiliates, directors, officers, employees, agents, contributors and
    licensors of Hireyu Pty Limited make any express or implied representation or warranty
    about the Services or any products or Services (including the products or Services of
    Hireyu Pty Limited, referred to on the Website. This includes (but is not restricted to)
    loss or damage you might suffer as a result of any of the following:

    • failure of performance, error, omission, interruption, deletion, defect, failure to
      correct defects, delay in operation or transmission, computer virus or other
      harmful component, loss of data, communication line failure, unlawful third-party
      conduct, or theft, destruction, alteration or unauthorised access to records;

    • the accuracy, suitability or currency of any information on the Website, the
      Services, or any of its Services-related products (including third-party material
      and advertisements on the Website);

    • costs incurred as a result of you using the Website, the Services or any of the
      products of Hireyu Pty Limited; and

    • the Services or operation with respect to links that are provided for your
      convenience.

8. Limitation of liability

  1. Hireyu Pty Limited’s total liability arising out of or in connection with the Services or these
    Terms, however arising, including under contract, tort (including negligence), in equity,
    under statute or otherwise, will not exceed the resupply of the Services to you.

  2. You expressly understand and agree that Hireyu Pty Limited, its affiliates, employees,
    agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which you may incur; however,
    caused and under any theory of liability. This shall include, but is not limited to, any loss
    of profit (whether incurred directly or indirectly), any loss of goodwill or business
    reputation and any other intangible loss.

9. Competitors

If you are in the business of providing similar Services for the purpose of providing them to users
for commercial gain, whether business users or domestic users, then you are a competitor of
Hireyu Pty Limited. Competitors are not permitted to use or access any information or content on
our Application. If you breach this provision, Hireyu Pty Limited will hold you fully responsible for
any loss that we may sustain and hold you accountable for all profits that you might make from
such a breach.

10.Termination of Contract

  1. The Terms will continue to apply until terminated by either you or by Hireyu Pty Limited
    under as set out below.
  2. If you want to terminate the Terms, you may do so by:

      • providing Hireyu Pty Limited with one day’s notice of your intention to
        terminate; and
      • closing your accounts for all of the services that you use, where Hireyu Pty
        Limited has made this option available to you.

     

    Your notice should be sent, in writing, to Hireyu Pty Limited via the ‘Contact Us’ link
    on our homepage or mail@hireyu.com.

  3. Hireyu Pty Limited may at any time, terminate the Terms with you if:

    • you have breached any provision of the Terms or intend to breach any
      provision;

    • Hireyu Pty Limited is required to do so by law;

    • the provision of the Services to you by Hireyu Pty Limited is, in the opinion of
      Hireyu Pty Ltd, no longer commercially viable.

  4. Subject to local applicable laws, Hireyu Pty Limited reserves the right to discontinue or
    cancel your membership at any time and may suspend or deny, in its sole discretion,
    your access to all or any portion of the Website or the Services without notice if you
    breach any provision of the Terms or any applicable law or if your conduct impacts Hireyu
    Pty Limited name or reputation or violates the rights of those of another party.

11. Indemnity

You agree to indemnify Hireyu Pty Limited, its affiliates, employees, agents, contributors, third-
party content providers and licensors from and against:

  1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage
    (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in
    connection with your content;

  2. Website or attempts to do so; and/or

  3. any breach of the Terms.

12. Dispute Resolution

12.1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any
Tribunal or Court proceedings in relation to the dispute unless the following clauses
have been complied with (except where urgent interlocutory relief is sought).

12.2. Notice:

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms must
give written notice to the other party detailing the nature of the dispute, the desired
outcome and the action required to settle the Dispute.

12.3. Resolution:

On receipt of that notice (Notice) by that other party, the parties to the Terms
(Parties) must:

(a) Within 28 days of the Notice, endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may mutually
agree;

(b)If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has
not been resolved, the Parties must either agree upon the selection of a mediator
or request that an appropriate mediator be appointed by the Company;

(c) The Parties are equally liable for the fees and reasonable expenses of a
mediator and the cost of the venue of the mediation and, without limiting the
foregoing, undertake to pay any amounts requested by the mediator as a
precondition to the mediation commencing. The Parties must each pay their own
costs associated with the mediation;

(d) The mediation will be held in Brisbane, Australia.

12. 4. Confidential

All communications concerning negotiations made by the Parties arising out of and in
connection with this dispute resolution clause are confidential and to the extent possible,
must be treated as “without prejudice” negotiations for the purpose of applicable laws of
evidence.

12.5. Termination of Mediation:

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute
has not been resolved, either Party may ask the mediator to terminate the mediation and
the mediator must do so.

13. Venue and Jurisdiction

The Services offered by Hireyu Pty Limited is intended to be viewed by residents of Australia. In
the event of any dispute arising out of or in relation to the Website, you agree that the exclusive
venue for resolving any dispute shall be in the courts of Queensland, Australia.

14. Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy,
proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the
rights created hereby shall be governed, interpreted and construed by, under and pursuant to the
laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding
mandatory rules. The validity of this governing law clause is not contested. The Terms shall be
binding to the benefit of the parties hereto and their successors and assigns

15. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Hireyu Pty Limited.

Dated 30th December 2023.