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Terms of Service

HR Hero Group Pty. Ltd. (ACN 614 124 373)

Last Updated: 20th June 2025

Client Terms of Business

These Client Terms of Business are between the Client (you) and HR Hero Group Pty. Ltd. (ACN 614 124 373) (HR Hero Software) and apply in relation to the provision of Services by HR Hero Software to you via the HR Hero Software App.

These Terms form a binding legal agreement between you and HR Hero Software. You should read these Terms carefully. Without limiting the way in which you may be bound by these Terms, by signing a document agreeing to be bound by these Terms, by clicking a button on a computer screen, smart phone or tablet indicating your acceptance of these Terms, or by proceeding to use the HR Hero Software App (including by placing a request for the provision of Services by HR Hero Software via the HR Hero Software App), you will be deemed to have accepted and will be bound by these Terms.

When These Terms Apply

These Terms will apply when you make use of any of the Services, including via the HR Hero Software App.

The particular Services you choose to use may be:

  • Purchased by you via the HR Hero Software App or by using a separate means of purchase provided by HR Hero Software from time to time; or
  • Purchased by you via a separate agreement with HR Hero Software.

You agree that HR Hero Software may refuse your offer to purchase or use a Service for any reason whatsoever. Your purchase of a Service, and right to use a Service, is not effective until such time as your offer to purchase that Service is accepted by HR Hero Software. HR Hero Software may, without limitation, accept your offer by activating the relevant functionality in the HR Hero Software App or commencing to provide the Service to you.

Each individual Service provided by HR Hero Software will be governed by:

  • The Addendum relevant to the provision of that Service; and
  • These General Conditions.

User Terms and Addendums

These Terms should be read in conjunction with the HR Hero Software User Terms. You agree that you are bound by both these Terms and the HR Hero Software User Terms.

To the extent there is any inconsistency between these Terms, each Addendum to these Terms, and the HR Hero Software User Terms, then those documents shall be read in the following order of precedence: firstly, these Terms; secondly, each Addendum; and finally, the HR Hero Software User Terms.

Unless the context requires otherwise, capitalised definitions in these Terms have the same meaning as those used in the User Terms. However if a term is redefined in these Terms, then the definition in these Terms will apply.

Fees You Must Pay

In consideration of HR Hero Software providing the Services, you agree to pay the applicable Fees to HR Hero Software. The specific Fees you will pay will depend on which Services you use, and are as specified in each applicable Addendum, specified separately by HR Hero Software, or as otherwise separately agreed between you and HR Hero Software in writing.

The payment terms for the Fees shall vary depending on the type of Service they relate to. These payment terms are specified in the relevant Addendum. If however no such payment terms are specified then the Fees will be payable within 7 days of the date of any invoice of HR Hero Software relating to the same. HR Hero Software may also require some or all of the Fees to be paid in advance.

HR Hero Software may require you to provide it with an authorisation to direct debit the Fees from your credit card or nominated bank account. Once authorisation is provided the Fees will be automatically debited by HR Hero Software.

Unless specified to the contrary, the Fees payable to HR Hero Software under these Terms are expressed to be exclusive of all Taxes. If any Taxes are levied on HR Hero Software in respect of the Fees (or otherwise apply in relation to the supply of the Services), then you must pay an additional amount to HR Hero Software on account of those Taxes, such that after deduction of those Taxes, HR Hero Software receives no less than the Fees.

Overdue payments will incur interest on a daily basis on the unpaid amount at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 (Vic).

A dispute will not affect payment of non-disputed Fees on the same invoice or the payment of any other invoices due by you and you will have no right of deduction or set off. Any disputed amount will still remain payable unless otherwise agreed by HR Hero Software.

Any costs (including, without limitation, debt recovery and legal costs) incurred by HR Hero Software in recovering amounts overdue will be payable by you.

Indemnities

You indemnify HR Hero Software against any claim, liability, cost, loss or damage suffered or incurred by HR Hero Software as a result of any failure by you to meet your obligations under these Terms.

Insurance

HR Hero Software will maintain the following insurance policies in relation to HR Hero Software and the Services:

  • Workers' Compensation as required by law;
  • Public Liability for at least $20 million for any one occurrence;
  • Professional Indemnity for at least $10 million for any one claim including a dishonest or fraudulent act or omission committed for any insured; and
  • Product Liability for at least $20 million for any one occurrence.

Limitation of Liability and Implied Terms

You agree that HR Hero Software will not be liable or responsible for any failure in, or delay to, the provision of the Services or in HR Hero Software complying with its obligations under these Terms where such failure or delay has arisen as a direct or indirect result of:

  • Your act or omission;
  • Any conduct by you or any person who uses the HR Hero Software App on your behalf;
  • Any conduct of any other user of the HR Hero Software App;
  • Fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident or an industrial strike;
  • Denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications;
  • A significant demand being placed on HR Hero Software's Services or the HR Hero Software App which is above the usual level of demand and which results in a failure of HR Hero Software's software and hardware to function correctly;
  • The failure of any third party to fulfil any obligation to HR Hero Software; or
  • Any other circumstances or event similar to the above which is beyond the reasonable control of HR Hero Software, including labour shortages.

You acknowledge that HR Hero Software has not made and will not make any express or implied warranties in relation to the provision of the Services or any other services provided by HR Hero Software under these Terms other than those warranties expressly contained in these Terms.

You agree that the maximum liability of HR Hero Software under these Terms for any and all breaches of these Terms and for any negligence in relation to these Terms, will not exceed the amount of Fees paid for the relevant Service to which the breach or negligence relates.

If the Competition and Consumer Act 2010 (Cth) (or analogous legislation in a relevant jurisdiction) applies to these Terms and permits the limitation of liability for breach of warranty implied by statute, the liability of HR Hero Software is limited, at the option of HR Hero Software, to:

  • In the case of services: the supplying of the services again; or the payment of the cost of having the services supplied again;
  • 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.

Any of the terms and conditions of these Terms which limit or exclude any term, condition or warranty, express or implied, or the liability of HR Hero Software will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting your statutory rights or remedies.

If you are a consumer (as defined in the Competition and Consumer Act 2010 (Cth)), then nothing in these Terms restricts, limits or modifies your rights or remedies against HR Hero Software for the failure of a statutory guarantee under the Australian Consumer Law.

Termination

These Terms may be terminated by HR Hero Software at any time, and for any reason, with or without notice to you. HR Hero Software may effect such termination by written notice to you, by deleting your Account, and/or by removing your access to, or use of, the HR Hero Software App.

You may terminate these Terms at any time by written notice to HR Hero Software. Such termination will also act to terminate the HR Hero Software User Terms, your Account and your use of the HR Hero Software App. Such termination will take effect upon receipt of your notice by HR Hero Software.

You or HR Hero Software may terminate the provision of a particular Service in accordance with the applicable terms set out in the Addendums which are relevant to that Service. Termination of one Service will not, unless otherwise stated in these Terms or an Addendum, act to terminate your use of any other Service.

Effect of Termination

Upon termination of these Terms:

  • HR Hero Software may delete all data and information which it holds about you, your employees or your Associates in the HR Hero Software App and is under no obligation to provide a copy of that data or information to you;
  • You must cease using the HR Hero Software App in your capacity as a user of the Services.

Use of Software and Access

Access to HR Hero Software is granted on a non-exclusive, non-transferable basis for your internal business purposes. You must not:

  • Attempt to reverse-engineer or access source code;
  • Share logins outside your organisation;
  • Use the platform to distribute harmful or illegal content.

Data Input and Accuracy

You are solely responsible for the accuracy of all information, data, and content entered into the HR Hero Software platform. HR Hero Software is not responsible for verifying any data or outputs generated based on incorrect inputs.

Third-Party Integrations and Payments

Where the Software facilitates interactions with third-party tools (e.g. accounting platforms, CRMs), you are responsible for managing access and providing accurate integration credentials. HR Hero Software does not guarantee successful processing of third-party payments or submissions and is not liable for issues arising from third-party failures.

Errors, Failures, and Support

If you become aware of any technical errors, software failures, or data discrepancies, you must notify HR Hero Software support within 24 hours. HR Hero Software will investigate and, where applicable, take corrective action. Liability is limited to technical remediation; we do not accept responsibility for consequential losses from usage interruptions.

Specific Indemnities

You indemnify HR Hero Software against all loss, damage, or liability incurred as a result of:

  • Your misuse or unauthorised access of the Software;
  • Your failure to input accurate data;
  • Your breach of applicable laws or these Terms.

Termination and Suspension

Either party may terminate the agreement by giving 10 Business Days' notice. HR Hero Software may suspend or terminate your access immediately if:

  • You breach these Terms or use the Software unlawfully;
  • Payment is not received by the due date;
  • You are insolvent or subject to administration.

Upon termination, your access to the Software will cease, and HR Hero Software may delete your data after 30 days, unless otherwise agreed.

Data Ownership and Retention

You retain ownership of all data input into the platform. HR Hero Software will retain data during the Subscription Term and for 30 days following termination. You are responsible for downloading and backing up any data before the expiry of this period. HR Hero Software is not obligated to provide data recovery services after this period.

General

Any notice given under these Terms must be in writing and must be signed by the party or its agent giving the notice.

These Terms supersede all prior representations, arrangements, understandings and agreements between the parties relating to the subject matter of these Terms and these Terms, together with the HR Hero Software User Terms, set forth the entire and exclusive agreement and understanding between the parties relating to their subject matter.

A provision of or a right created under these Terms may not be waived except in writing signed by the party or parties to be bound by the waiver.

If any provision of these Terms is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability will not affect the operation or interpretation of any other provision of these Terms.

HR Hero Software may assign its rights and novate or transfer obligations which arise under these Terms, with or without notice to you. You must not assign, novate or otherwise transfer your rights or obligations under these Terms without the prior written consent of HR Hero Software.

Governing Law

This agreement is governed by, and must be construed in accordance with, the laws of the State of Victoria, Australia and the parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia and their Courts of Appeal.