Last Updated: March 19, 2023
These Terms of Service ("Terms") govern your access to and use of the services, software, platform, and website (collectively, the "Services") provided by Outhire Pty Ltd ("we", "us", or "our"), an Australian corporation. By accessing or using our Services, you ("Customer" or "you") agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
1.1) To use our Services, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account.
1.2) You agree to notify us immediately of any unauthorised use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this requirement.
1.3) We reserve the right to suspend or terminate your account and access to the Services if we believe that you have violated these Terms or engaged in any fraudulent or illegal activities.
2.1) Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your internal business purposes.
2.2) You agree not to: (a) modify, adapt, translate, or reverse engineer the Services; (b) sublicense, resell, or distribute the Services; (c) use the Services in violation of any applicable laws, regulations, or third-party rights; or (d) access or use the Services for any purpose other than as expressly permitted under these Terms.
3.1) You agree to pay all fees and charges specified in the order form or invoice, which may include subscription fees, one-time charges, and usage-based fees.
3.2) All fees are due and payable as set forth in the order form or invoice. Late payments may result in suspension or termination of your access to the Services.
3.3) All fees are exclusive of taxes, levies, or duties imposed by taxing authorities. You are responsible for paying all such taxes, levies, or duties.
4.1) We and our licensors retain all right, title, and interest in and to the Services and all associated intellectual property rights, including without limitation, trademarks, copyrights, and patents.
4.2) You grant us a non-exclusive, worldwide, royalty-free license to use your company name and logo for the purpose of identifying you as a customer of our Services in our marketing materials and on our website.
5.1) Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Services, and to use such information only for the purpose of providing or receiving the Services.
6.1) We warrant that the Services will be provided in a professional and workmanlike manner, in accordance with industry standards.
6.2) Except as expressly provided in these Terms, the Services are provided "as is" and we disclaim all warranties, express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement.
7.1) In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities, arising out of or in connection with the Services or these Terms.
7.2) Our total liability for any claims arising out of or in connection with the Services or these Terms shall not exceed the amount of fees paid by you to us during