Yay! Terms and Conditions
Last updated: 05/09/2025
1. Effect of Terms
(a) Yay! Pty Ltd (Yay!, we, us, or our) is the developer, owner, and licensor of the Yay! platform, a recruiter-friendly talent search, relationship management, and candidate engagement service (Yay! Platform).
(b) These terms and conditions (Terms) are a binding contract between you (you or your) and Yay! and set out the terms for your access and use of the Yay! Platform and associated services (Services).
(c) If you are agreeing to these Terms on behalf of a business entity, you represent that you have the legal authority to bind that entity.
(d) By accessing or otherwise using the Yay! Platform or Services, you confirm you have read, understood, and agreed to these Terms together with your subscription or account details and any Yay! policies published from time to time.
(e) If there is any inconsistency between:
- (i) your subscription or account details;
- (ii) these Terms; or
- (iii) Yay! policies,
the order of priority will be as listed above.
2. The Yay! Platform
2.1 General
(a) In consideration of you paying any applicable subscription fees or usage charges (Fees), we grant you a non-exclusive licence to use the Yay! Platform and Services for the purposes of:
- (i) managing recruiter and candidate profiles;
- (ii) conducting talent searches;
- (iii) inviting candidates to join the platform and managing them in your talent pool; and
- (iv) communicating with candidates via the platform.
(b) Once your account is set up, we will provide you with login credentials to access the Platform for the duration of your subscription term.
(c) We will implement reasonable security measures, including encryption and authentication protocols, to protect your account and data from unauthorised access.
(d) Unless terminated in accordance with these Terms, we will continue to provide you with access to the Yay! Platform for ongoing subscription terms, provided you pay applicable Fees.
3. Your Obligations
3.1 Account Registration
(a) To use the Yay! Platform, you must:
- (i) provide accurate and complete registration details, including billing information;
- (ii) accept and comply with your subscription or account details; and
- (iii) maintain a valid payment method and authorise us to debit all Fees payable under these Terms.
(b) You are responsible for:
- (i) paying all Fees in accordance with these Terms;
- (ii) keeping your profile, job listings, and candidate records up to date;
- (iii) ensuring all content you upload is accurate, lawful, and does not infringe any rights; and
- (iv) complying with applicable recruitment, employment, and privacy laws in your jurisdiction.
3.2 Free Trials
We may offer a free trial to potential users. If you do not subscribe before the trial period ends, your access will automatically cease. We may withdraw or terminate free trials at any time.
3.3 Warranties
By using the Yay! Platform, you warrant that:
- (i) you have the right to use and share any candidate or recruiter data you upload;
- (ii) your use of the platform will comply with all applicable laws;
- (iii) you will maintain confidentiality of any candidate contact details accessed via the Platform.
3.4 Restrictions
You must not:
- (i) share your login credentials with unauthorised users;
- (ii) use the Platform to send spam, discriminatory content, or unlawful messages;
- (iii) reverse engineer, decompile, or copy the Platform's software;
- (iv) scrape or harvest candidate data outside the permitted use of the Platform;
- (v) use the Platform to build a competing product.
4. Intellectual Property
4.1 Ownership
All intellectual property in the Yay! Platform and Services remains our property or that of our licensors.
4.2 User Data
You retain ownership of all data you upload, including candidate and recruiter information (User Data). You grant us a licence to use, host, store, and process User Data to provide and improve the Services.
4.3 Third-Party Content
The Platform may integrate with third-party services. We are not responsible for the availability or accuracy of such services.
5. Payment
(a) You must pay all Fees in accordance with your subscription terms.
(b) Fees are payable in advance and non-refundable except as required by law.
(c) We may vary Fees by giving you at least 30 days' written notice.
6. Termination
6.1 By You
You may terminate your subscription at the end of your current term by giving written notice in accordance with your subscription details.
6.2 By Us
We may suspend or terminate your access immediately if:
- (i) you breach these Terms and fail to remedy the breach within 14 days of notice;
- (ii) you use the Platform for illegal or prohibited purposes;
- (iii) you fail to pay Fees when due.
6.3 Data Retention
We will retain your User Data for 30 days after termination, after which it may be deleted.
7. Liability
(a) The Platform and Services are provided "as is" without warranty of uninterrupted access.
(b) To the extent permitted by law, we exclude all liability for indirect or consequential loss, including loss of data, profit, or business opportunities.
(c) Our total liability for any claim is limited to the total Fees you paid in the 12 months preceding the claim.
(d) Nothing in these Terms excludes your rights under the Australian Consumer Law.
8. Confidentiality
Each party must keep the other's confidential information secure and not disclose it except as required by law or with consent.
9. Privacy and Data Protection
(a) We will handle personal information in accordance with applicable privacy laws and our Privacy Policy.
(b) You are responsible for obtaining all necessary consents before uploading personal data to the Platform.
10. General
(a) These Terms are governed by the laws of New South Wales, Australia.
(b) If any part of these Terms is invalid, the remainder will remain in effect.
(c) We may update these Terms from time to time, with notice to you.
Contact: For questions about these Terms, please contact us at:
Legal Email:
legal@yaytalent.comLast updated: 05/09/2025