{"id":49404,"date":"2025-08-28T06:55:31","date_gmt":"2025-08-28T06:55:31","guid":{"rendered":"https:\/\/employmenthero.com\/nz\/?post_type=legals&p=49404"},"modified":"2026-02-10T11:42:30","modified_gmt":"2026-02-10T11:42:30","slug":"terms-conditions","status":"publish","type":"legals","link":"https:\/\/employmenthero.com\/nz\/legals\/archived\/terms-conditions\/","title":{"rendered":"Platform Terms and Conditions Archived | 2 September 2025"},"content":{"rendered":"\n
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91爆料 Platform Terms and Conditions (Archived – 2 September 2025)<\/h1>\n\n\n\n

This is our contract with you \u2013 our commitment as your HRIS provider and your obligations as a customer.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n\n\n\n

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Contents<\/p>\n\n\n\n

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Our agreement with you<\/summary>\n

1. Who \u2018we\u2019 are<\/a><\/p>\n\n\n\n

2. Who \u2018you\u2019 are<\/a><\/p>\n\n\n\n

3. Other defined words and rules for interpreting these General Terms<\/a><\/p>\n\n\n\n

4. Other terms and conditions that apply to the EH Platform<\/a><\/p>\n\n\n\n

5. How our different terms apply (priority of terms)<\/a><\/p>\n\n\n\n

6. Changes to the EH Platform and EH Platform Terms<\/a><\/p>\n\n\n\n

7. Your licence to use the EH Platform<\/a><\/p>\n\n\n\n

8. User Accounts<\/a><\/p>\n\n\n\n

9. Free Accounts for Organisations<\/a><\/p>\n\n\n\n

10. Trial Accounts for Organisations<\/a><\/p>\n\n\n\n

11. Paid Organisation Accounts<\/a><\/p>\n\n\n\n

12. Rules for using the EH Platform<\/a><\/p>\n\n\n\n

13. Invoicing and payment of Subscription Fees and other fees<\/a><\/p>\n\n\n\n

14. Subscription Term and automatic renewal<\/a><\/p>\n\n\n\n

15. Termination by you<\/a><\/p>\n\n\n\n

16. Termination or suspension by us<\/a><\/p>\n\n\n\n

17. Effect of suspension by us<\/a><\/p>\n\n\n\n

18. Your Data on termination<\/a><\/p>\n\n\n\n

19. Who owns Your Data<\/a><\/p>\n\n\n\n

20. Data use and privacy<\/a><\/p>\n\n\n\n

21. Data breach notifications<\/a><\/p>\n\n\n\n

22. Intellectual Property Rights<\/a><\/p>\n\n\n\n

23. Confidentiality<\/a><\/p>\n\n\n\n

24. Disclaimer of warranties<\/a><\/p>\n\n\n\n

25. Your indemnity to us<\/a><\/p>\n\n\n\n

26. Our indemnity to you<\/a><\/p>\n\n\n\n

27. Excluded liability<\/a><\/p>\n\n\n\n

28. Limitation on liability that is not excluded<\/a><\/p>\n\n\n\n

29. When the exclusions and limitations on liability won\u2019t apply<\/a><\/p>\n\n\n\n

30. Limitations on liability apply to our affiliates<\/a><\/p>\n\n\n\n

31. Disclaimer about content on the EH Platform and professional advice<\/a><\/p>\n\n\n\n

32. Our AI Services<\/a><\/p>\n\n\n\n

33. Additional services, new products and account upgrades<\/a><\/p>\n\n\n\n

34. Beta, pre-release and trial features<\/a><\/p>\n\n\n\n

35. Third party services<\/a><\/p>\n\n\n\n

36. Reseller Organisations<\/a><\/p>\n\n\n\n

37. General<\/a><\/p>\n<\/details>\n\n\n\n

Appendix A<\/summary>\n

Terms for 91爆料 Recognition and Hero Points<\/a><\/p>\n\n\n\n

1. How and when these terms apply<\/a><\/strong><\/p>\n\n\n\n

2. What are Hero Points?<\/a><\/strong><\/p>\n\n\n\n

3. Purchase and award<\/a><\/strong><\/p>\n\n\n\n

4. Redeeming Hero Points<\/a><\/strong><\/p>\n\n\n\n

5. Maintaining Hero Point balances and when they expire<\/a><\/strong><\/p>\n\n\n\n

6. Termination of program<\/a><\/strong><\/p>\n\n\n\n

7. Suspension or cancellation<\/a><\/strong><\/p>\n\n\n\n

8. Tax<\/a><\/strong><\/p>\n<\/details>\n<\/div>\n<\/div>\n\n\n\n

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Our agreement with you<\/h2>\n\n\n\n

Welcome to 91爆料, nice to meet you! We\u2019re excited for you to start your work easy journey.<\/p>\n\n\n\n

By using the EH Platform, including the EH Websites, our EH Work app, and EH Jobs app, you agree to these terms and conditions (the General Terms<\/strong>), any policies they link to and any specific terms and conditions that apply to additional products or services you use.<\/p>\n\n\n\n

These General Terms are important. Please read them carefully and let us know if you have any questions. We\u2019ve done our best to explain it all without using too much jargon, so it\u2019s clear what we expect from you and what you can expect from us.<\/p>\n\n\n\n

This version of the General Terms took effect as of 24 March 2025<\/strong> and was retired on 2 September 2025<\/strong>. You can see other previous terms & conditions\u00a0here<\/a>. If you are a Employer of Record (EoR) service customer, a copy of the Terms for 91爆料 Employer of Record (EoR) service is available\u00a0here<\/a>.<\/p>\n\n\n\n

1. Who \u2018we\u2019 are<\/h3>\n\n\n\n

1. When we say \u201891爆料<\/strong>\u2019, \u2018us<\/strong>\u2019, \u2018our<\/strong>\u2019, or \u2018we<\/strong>\u2019 in these General Terms, we\u2019re referring to 91爆料 Pty Ltd and its affiliates<\/a>.<\/p>\n\n\n\n

2. If your Customer Agreement or your invoices specify an affiliate of 91爆料 Pty Ltd (for example, if you are located outside of Australia), then these General Terms will apply between you and that affiliate.<\/p>\n\n\n\n

2. Who \u2018you\u2019 are<\/h3>\n\n\n\n

1. When we say \u2018you<\/strong>\u2019 or \u2018your<\/strong>\u2019 in these General Terms, we\u2019re referring to any of the following types of users and customers.<\/p>\n\n\n\n

2. If we need to refer to a specific type of user or customer and not the other types, we use one of the terms below instead of \u2018you\u2019:<\/p>\n\n\n\n

2.1 User<\/strong>: any person that uses or accesses the EH Platform.<\/p>\n\n\n\n

2.2 Organisation User<\/strong>: a User that is linked to an Organisation\u2019s account, including as an employee or account administrator. We may refer to Organisation Users as just \u2018Users\u2019 in the Customer Agreement or our pricing page.<\/p>\n\n\n\n

2.2.1 In the context of defining Users for billing purposes:<\/p>\n\n\n\n

2.2.1.1 a billable User under any Employment OS subscription is any active or pending employee, contractor or admin in the platform at the end of the calendar month.<\/p>\n\n\n\n

2.2.1.2 a billable HR User under a classic subscription is any active or pending employee, contractor and admin in the platform at the end of the calendar month.<\/p>\n\n\n\n

2.2.1.3 a billable Payroll User under a classic subscription is an employee that has had one of the following actions during the calendar month: included in a finalised pay run (even if that pay run is subsequently unlocked); has had an approved leave request; has had an approved expense request; has had a published roster shift; or has had an approved timesheet.<\/p>\n\n\n\n

2.3 Organisation<\/strong>: a business that uses or accesses the EH Platform.<\/p>\n\n\n\n

2.4 Paid Organisation<\/strong>: an Organisation that activates paid features of the EH Platform or that we provide other paid products or services to.<\/p>\n\n\n\n

2.5 Free Organisation<\/strong>: an Organisation that uses no charge features of the EH Platform only.<\/p>\n\n\n\n

2.6 Trial Organisation<\/strong>: an Organisation that is given temporary or trial access to paid features of the EH Platform.<\/p>\n\n\n\n

2.7 Reseller Organisation<\/strong>: an Organisation that has purchased access to the EH Platform through a reseller.<\/p>\n\n\n\n

3. Other defined words and rules for interpreting these General Terms<\/h3>\n\n\n\n

1. When capitalised in these General Terms, words defined in bold or listed below have a specific meaning:<\/p>\n\n\n\n

1.1 Customer Agreement<\/strong> means, in respect of a Paid Organisation, the written agreement between us and the Paid Organisation relating to it and its Users\u2019 use of the EH Platform, or any other agreement for products or services that include you and us.<\/p>\n\n\n\n

1.2 EH Platform<\/strong> means the EH Websites, mobile applications like the 91爆料 Work app (EH Work app<\/strong>) and the 91爆料 Jobs app (EH Jobs app<\/strong>),<\/strong> services, content, Subscriptions, accounts, benefits & perks and offers as available through or as described on the EH Websites, mobile applications, platform or agreed between you and us from time to time.<\/p>\n\n\n\n

1.3 EH Platform Terms<\/strong> means these General Terms, any Feature Specific Terms, the terms of your Customer Agreement and any other terms and conditions or policies that apply to your use of the EH Platform and any other products and services provided by us.<\/p>\n\n\n\n

1.4 EH Websites<\/strong> means the websites that we operate or provide any features of the EH Platform through, including the 91爆料 website available at employmenthero.com, and 91爆料 Jobs available at jobs.employmenthero.com.<\/p>\n\n\n\n

1.5 Intellectual Property Rights<\/strong> means all and any patents, trade marks, service marks, trade names, domain names, registered designs, unregistered design rights, copyright, know how, trade secrets and rights in confidential information, URLs and all and any other intellectual property rights, whether registered or unregistered, and including all applications and rights to apply for any of the same.<\/p>\n\n\n\n

1.6 Subscriptions<\/strong> means offering access to the EH Platform or certain features of it on a recurring paid subscription basis.<\/p>\n\n\n\n

1.7 Your Data<\/strong> means the data, information (including personal information or data) or content entered into or uploaded to the EH Platform by you or that you otherwise provide to us and, if you are an Organisation, any such data, information or content provided by you or by your Organisation Users.<\/p>\n\n\n\n

2. When capitalised in these General Terms, words defined in bold or listed below have a specific meaning:<\/p>\n\n\n\n

2.1 headings in bold are for convenience only and do not affect the interpretation of these General Terms;<\/p>\n\n\n\n

2.2 references to a person includes any company, partnership, joint venture, association, corporation or other body corporate and any governmental agency as well as an individual;<\/p>\n\n\n\n

2.3 a reference to any legislation, regulations, binding directions issued by government agencies, mandatory codes of conduct, or similar, includes all delegated instruments made under them and any amendments, consolidations, replacements or re-enactments of any of them; and<\/p>\n\n\n\n

2.4 specifying anything in these General Terms after the words \u201clike\u201d, \u201cinclude\u201d, \u201cfor example\u201d or similar expressions does not limit what else is included.<\/p>\n\n\n\n

4. Other terms and conditions that apply to the EH Platform<\/h3>\n\n\n\n

1. Depending on the type of account you have, and the features of the EH Platform you use, other terms and conditions may apply to you (collectively called Feature Specific Terms<\/strong>) including:<\/p>\n\n\n\n

1.1 if you use our Hero Point features, the terms for 91爆料 Recognition and Hero Points (Appendix A to these General Terms);<\/p>\n\n\n\n

1.2 if you use our Perks feature in the EH Platform, the Perks terms; and<\/p>\n\n\n\n

1.3 any additional terms that apply to features or products offered by us that you use, as notified to you and agreed by you before you access those features or products.<\/p>\n\n\n\n

5. How our different terms apply (priority of terms)<\/h3>\n\n\n\n

1. If there is any inconsistency between your Customer Agreement, these General Terms and any Feature Specific Terms, then (to the extent of the inconsistency):<\/p>\n\n\n\n

1.1 the terms of your Customer Agreement will take priority over these General Terms and any Feature Specific Terms that apply; and<\/p>\n\n\n\n

1.2 in relation to the specific product or service that they govern only, the relevant Feature Specific Terms will take priority over these General Terms.<\/p>\n\n\n\n

6. Changes to the EH Platform and EH Platform Terms<\/h3>\n\n\n\n

1. From time to time, we may decide to make changes to the features or functionality of the EH Platform or change or replace any part of the EH Platform Terms by posting updated or amended terms to the EH Websites or otherwise notifying you of the changes in your account. Please check the EH Websites for changes.<\/p>\n\n\n\n

2. Previous versions of our terms and conditions are available in our archive here: https:\/\/employmenthero.com\/legals\/archived\/<\/a>.<\/p>\n\n\n\n

3. Generally, we will give you reasonable notice of material changes to the EH Platform Terms that we determine may adversely affect your rights or your use of the EH Platform before they become effective, unless we need to make changes immediately for reasons we can\u2019t reasonably control (like a legal requirement).<\/p>\n\n\n\n

4. If the change to the EH Platform or the EH Platform Terms is unacceptable to you, you may stop using the EH Platform, cancel your Subscription or terminate your account in accordance with the EH Platform Terms. If you continue to use the EH Platform after any amended terms become effective, you agree to be bound by the amended terms.<\/p>\n\n\n\n

5. If we decide to stop offering some features in the EH Platform or other services, we may terminate your access to such features or services by providing written notice to you. If you are not in breach of the EH Platform Terms, we will refund any prepaid fees that relate to the terminated features or services on a pro-rata basis.<\/p>\n\n\n\n

7. Your licence to use the EH Platform<\/h3>\n\n\n\n

1. By accepting the EH Platform Terms, you are granted a limited, non-exclusive and revocable licence to access and use the EH Platform until your account is terminated. If you are an Organisation User, access to some features may be based on the Subscriptions and features that have been agreed with you or your Organisation.<\/p>\n\n\n\n

8. User Accounts<\/h3>\n\n\n\n

1. Users may create an account to access User features of the EH Platform (a User Account<\/strong>).<\/p>\n\n\n\n

2. Users may be able to purchase goods and services through the EH Platform, including through the \u2018Perks\u2019 feature. Prices for such goods and services will be displayed at the point of purchase and Users will be responsible for any agreed purchases.<\/p>\n\n\n\n

3. When a User Account is connected to an Organisation\u2019s account, the User also becomes an Organisation User. When a User is also an Organisation User, there can be changes to how some of the EH Platform Terms apply or what features are available to the User.<\/p>\n\n\n\n

4. When an Organisation User stops being connected to an Organisation\u2019s account, the User will continue to have a User Account.<\/p>\n\n\n\n

9. Free Accounts for Organisations<\/h3>\n\n\n\n

1. We may offer some features of the EH Platform to Organisations for no charge (a Free Organisation Account<\/strong>).<\/p>\n\n\n\n

2. We may vary which EH Platform features are available to Free Organisation Accounts and terminate any inactive Free Organisation Accounts at any time at our discretion, without liability to you.<\/p>\n\n\n\n

10. Trial Accounts for Organisations<\/h3>\n\n\n\n

1. We may offer trial access to the EH Platform to Organisations (a Trial Organisation Account<\/strong>).<\/p>\n\n\n\n

2. We may provide access to and terminate Trial Organisation Accounts at any time at our discretion, without liability to you.<\/p>\n\n\n\n

3. If an Organisation agrees that its Trial Organisation Account will automatically convert to a Paid Organisation Account at the end of an agreed trial period, then the Organisation\u2019s initial payment will be processed at the end of that trial period unless the Trial Organisation Account is cancelled before the end of the trial period.<\/p>\n\n\n\n

11. Paid Organisation Accounts<\/h3>\n\n\n\n

1. Pricing for paid Subscription access to the EH Platform by an Organisation (a Paid Organisation Account<\/strong>) is as set out on the EH Websites or in the Organisation\u2019s Customer Agreement (if applicable) (Subscription Fees<\/strong>).<\/p>\n\n\n\n

2. By activating a Paid Organisation Account or engaging us to provide you with any other paid products or services, you are agreeing to pay the Subscription Fees and any other applicable fees.<\/p>\n\n\n\n

12. Rules for using the EH Platform<\/h3>\n\n\n\n

1. When we refer to the EH Platform Rules<\/strong> in these General Terms, we\u2019re referring to this clause.<\/p>\n\n\n\n

2. When using the EH Platform, you:<\/p>\n\n\n\n

must:<\/strong><\/p>\n\n\n\n