1. About these Terms
These Terms of Use (“Terms”) govern your access to and use of ContractorSuper by Hnry (the “Platform”), operated by Hnry (Australia) Pty Ltd (ABN 88 637 624 072) (“Hnry”, “we”, “us”).
By accessing or using the Platform, you agree to these Terms.
2. The Platform
ContractorSuper is an online platform that enables organisations to submit and manage superannuation guarantee (SG) contribution data and payments.
The Platform allows you to:
- upload and manage SG contribution data
- submit contribution instructions
- view reporting and contribution status
3. Account registration and access
To use the Platform, you must:
- provide accurate and complete information
- ensure all users are authorised to act on behalf of your organisation
- keep login credentials secure
You are responsible for:
- all activity under your account
- any actions taken by your users
4. Acceptable use
You must use the Platform only for lawful purposes.
You must not:
- use the Platform in a way that breaches any law or regulation
- upload incorrect, misleading, or fraudulent information
- interfere with or disrupt the Platform
- attempt to gain unauthorised access to systems or data
- use the Platform in a way that could harm Hnry or other users
We may suspend or restrict access if we reasonably believe misuse has occurred.
5. Your responsibilities
You are responsible for:
- ensuring all information you provide is accurate and complete
- ensuring you have authority to act on behalf of your organisation
- ensuring compliance with applicable superannuation and tax laws
You acknowledge that:
- you are responsible for determining SG obligations
- you are responsible for calculating SG contributions
- the Platform does not verify or validate your data
6. Fees and Payment
Fees for the Services are as set out in your services agreement with Hnry, or as otherwise agreed in writing.
Unless stated otherwise, fees are exclusive of GST and any applicable taxes, which you must pay in addition to the fees.
If a payment fails or is dishonoured, Hnry is not obliged to process the relevant SG contributions until full payment is received. Hnry will notify you of any payment failure and may suspend access to the Platform until the outstanding amount is resolved.
7. Intellectual Property
All rights (including intellectual property rights), title, and interest in the Platform, its software, and any materials provided by Hnry in connection with the Platform are owned by Hnry.
Nothing in these Terms assigns or transfers any rights, title, or interest in the Platform or its materials to you.
You retain ownership of the data you submit through the Platform.
8. Platform availability
We aim to keep the Platform available at all times.
However, we do not guarantee:
- uninterrupted access
- error-free operation
- continuous availability
We may:
- suspend access for maintenance
- update or modify the Platform at any time
9. Data and privacy
You agree that:
- you are authorised to provide any personal information submitted via the Platform
- you have notified relevant individuals (including contractors)
- you have obtained any required consents
Your use of the Platform is also governed by our Privacy Policy.
10. Third-party services
The Platform relies on third-party providers, including:
- clearinghouse providers
- payment providers
- superannuation funds
We are not responsible for:
- delays
- errors
- failures caused by those third parties
11. Liability
To the maximum extent permitted by law:
- you are responsible for your use of the Platform
- we are not responsible for:
- inaccurate data you provide
- decisions made using the Platform
- outcomes of SG contribution processing
Our liability is limited to the extent required by law.
To the maximum extent permitted by law, Hnry’s total aggregate liability to you for any loss, damage, cost, or expense arising in connection with these Terms or the Platform is limited to the fees paid by you to Hnry in the 12 months immediately before the event giving rise to the claim.
To the maximum extent permitted by law, Hnry is not liable to you for any indirect or consequential loss (including loss of profit, revenue, or opportunity) arising in connection with these Terms or the Platform.
Nothing in these Terms excludes your rights under the Australian Consumer Law. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. If a failure does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time.
Nothing in these Terms excludes liability for fraud or wilful misconduct.
12. Indemnity
You agree to indemnify, release, and hold harmless Hnry and its related entities from any loss, damage, cost, or expense arising from:
- your breach of these Terms
- any inaccurate, incomplete, or misleading data you provide through the Platform
- your failure to comply with applicable superannuation or tax laws
- any unauthorised use of the Platform under your account
13. Force Majeure
Hnry is not liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, failures of third-party providers, internet or telecommunications outages, or system failures.
14. Suspension and termination
We may suspend or terminate your access if:
- you breach these Terms
- required by law
- your use creates risk to us or others
You may stop using the Platform at any time.
Upon termination, any SG contributions already in progress will continue to be processed in accordance with the applicable services agreement. Termination does not affect any rights or obligations that have already accrued.
15. Dispute Resolution
If a dispute arises in connection with these Terms, the parties agree to first attempt to resolve the dispute by good faith negotiation. If the dispute is not resolved within 30 days, either party may commence proceedings in accordance with section 17.
16. Changes to these Terms
We may update these Terms from time to time. Where changes are material, we will take reasonable steps to notify you.
Your continued use of the Platform means you accept the updated Terms.
17. Governing law
These Terms are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales.