The Manufacturing Growth Hub Pty Ltd
ABN 11 682 912 036
Version: 1.1
Effective date: 28 July 2026
These Software Terms form a Service Schedule to MGH-LGL-001 Master Services Agreement. Where the Master Services Agreement and these Software Terms conflict, these Software Terms prevail in relation to the Platform.
1. Definitions
AI Features means any function of the Platform that uses artificial intelligence, machine learning or large language models to generate, summarise, classify, suggest or analyse content, including the Foreman assistant.
AI Provider means a third party whose artificial intelligence services we use to deliver AI Features.
Authorised User means an individual you invite to access the Platform under your account, including your employees, contractors and advisers.
Business Day means a day other than a Saturday, Sunday or Victorian public holiday.
Candidate Data means personal information about job applicants and candidates collected through Recruit Hub or the Job Board.
Core Subscription means the base subscription described in Schedule 1, which is required before any Additional Hub may be activated.
Customer Data means all data, documents, records and content you or your Authorised Users upload to, create in, or generate through the Platform, including Candidate Data and Generated Output, but excluding Platform Data.
Fees means the subscription fees and any other charges payable under Schedule 1 and your Order.
Generated Output means any text, document, summary, suggestion, score, classification or other content produced by an AI Feature.
Hub means a functional module of the Platform, as listed in Schedule 1, and any Hub we release from time to time.
Job Board means the Manufacturing Job Board operated by us at manufacturinggrowthhub.com.au/jobs.
Materials means templates, forms, registers, procedures, policies, checklists and other documents made available through the Platform or generated within it, including Generated Output.
Order means the subscription order, quote or online signup that records the Hubs you have subscribed to and the Fees.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Platform means the Manufacturing Growth Hub software platform, including all Hubs you subscribe to, the underlying software, and any documentation, updates and support we provide with it.
Platform Data means data we generate about the operation of the Platform, including logs, telemetry, usage statistics and aggregated or de-identified data derived from Customer Data.
Support Hours means 9:00am to 5:00pm Australian Eastern Time on Business Days.
2. The subscription
2.1 Licence
We grant you a non-exclusive, non-transferable, revocable right for you and your Authorised Users to access and use the Platform for your internal business purposes, for the term of your subscription, subject to these Software Terms.
2.2 Core Subscription and Additional Hubs
The Core Subscription is required before any Additional Hub may be activated, and must remain active for the duration of any Additional Hub subscription. Schedule 1 sets out what is included and the Fees payable.
You may add an Additional Hub at any time. Fees for it are charged from the date of activation, pro-rated for the balance of the then-current billing month.
You may remove an Additional Hub effective from the start of your next billing month. Removing an Additional Hub does not delete the Customer Data held in it, but you will lose access to that data while the Hub is inactive.
If your Core Subscription ends, your subscription to all Additional Hubs ends at the same time, and clause 13 applies to all your Customer Data.
2.3 Users
The Core Subscription is priced per organisation, not per user. You may invite as many Authorised Users as you reasonably require for your own business operations, subject to any fair use limits notified to you.
Login credentials must not be shared, and each Authorised User must have their own credentials.
2.4 What the licence does not permit
You must not, and must not permit any person to:
(a) resell, sublicence, rent, or provide the Platform as a service to a third party, other than to your own related bodies corporate with our written consent;
(b) copy, modify, adapt, translate, reverse engineer, decompile or disassemble the Platform, or attempt to derive its source code, except to the extent this restriction cannot lawfully be excluded;
(c) use the Platform to build a competing product, or provide Platform access to a competitor for benchmarking purposes;
(d) remove or obscure any proprietary notice;
(e) use the Platform in breach of MGH-LGL-006 Acceptable Use Policy; or
(f) circumvent or attempt to circumvent any access control, usage limit or security measure.
2.5 Responsibility for your account
You are responsible for your Authorised Users' compliance with these Software Terms, and for all activity under your account. You must notify us promptly if you become aware of any unauthorised access.
3. Your data
3.1 Ownership
You own your Customer Data. Nothing in these Software Terms transfers ownership of Customer Data to us.
3.2 Licence to us
You grant us a non-exclusive licence to host, copy, transmit, process and display Customer Data solely to the extent necessary to provide the Platform to you, provide support, meet our legal obligations, and otherwise perform our obligations under these Software Terms.
3.3 Your responsibility for what you upload
You represent that you have the right to upload Customer Data to the Platform and to have us process it, and that doing so does not breach any law or any third party's rights.
Where Customer Data contains Personal Information about your employees, candidates, suppliers or customers, you are responsible for having a lawful basis to collect and hold it, for giving any collection notices required, and for handling it in accordance with applicable privacy law. We handle it on your behalf and on your instructions.
3.4 What we do not do with your data
We do not:
(a) sell Customer Data;
(b) disclose Customer Data to any other customer of the Platform;
(c) use Customer Data to market to your employees, candidates, suppliers or customers; or
(d) use identifiable Customer Data to train machine learning models made available to other customers.
3.5 Platform Data and aggregated insights
We may generate and use Platform Data, and may create aggregated and de-identified statistics derived from Customer Data, to operate, secure, support and improve the Platform, and to produce industry benchmarks and insights.
Aggregated and de-identified data will not identify you, your Authorised Users, or any individual, and will not be presented in a way that allows you or any individual to be reasonably identified. We own Platform Data.
3.6 Backups
We take regular backups of the Platform. Backups are retained on a rolling 7 day cycle and exist for our disaster recovery purposes. They are not a substitute for your own records, and we recommend you export Customer Data you need to retain independently.
4. Data protection
4.1 Roles
As between you and us, you determine the purposes for which Personal Information in Customer Data is processed. We process it on your behalf and on your documented instructions, which are these Software Terms and your use of the Platform's features.
4.2 Our obligations
We will:
(a) process Personal Information in Customer Data only to provide the Platform and as otherwise permitted under clause 3;
(b) maintain the security measures described in clause 7;
(c) ensure personnel with access to Personal Information are subject to confidentiality obligations;
(d) impose materially equivalent obligations on any subprocessor we engage, and remain responsible for their performance;
(e) provide reasonable assistance to help you respond to requests from individuals to access, correct or delete their Personal Information, where you cannot do so yourself through the Platform;
(f) provide reasonable assistance in relation to privacy impact assessments and regulator enquiries relating to our processing; and
(g) on termination, deal with Personal Information in accordance with clause 13.
4.3 Your obligations
You will:
(a) only collect and upload Personal Information you are entitled to collect and upload;
(b) give any collection notices and obtain any consents required under applicable privacy law;
(c) not upload sensitive information unless it is necessary for a lawful purpose and you have obtained the individual's consent;
(d) respond to requests from individuals about Personal Information you control; and
(e) not instruct us to process Personal Information in a way that breaches applicable privacy law.
4.4 Eligible data breaches
If we become aware of unauthorised access to, unauthorised disclosure of, or loss of Personal Information in your Customer Data, we will:
(a) notify you without undue delay and in any event within 72 hours of becoming aware;
(b) provide the information reasonably available to us about the nature of the incident, the categories and approximate number of individuals affected, the likely consequences, and the steps taken or proposed; and
(c) provide reasonable cooperation to help you assess whether the incident is an eligible data breach under the Notifiable Data Breaches scheme and to meet your own notification obligations.
You must notify us promptly if you become aware of any incident affecting Personal Information in your account.
Neither party will make a public statement or regulator notification identifying the other in connection with an incident without first consulting the other, except where required by law or by a regulator's direction.
4.5 Where your data is held
The Platform and all Customer Data are hosted on servers located in Sydney, Australia. Customer Data is not transferred outside Australia in the ordinary operation of the Platform.
The exception is AI Features. Where you use an AI Feature, content you submit is transmitted to an AI Provider that may process it outside Australia. Clause 6.7 applies.
4.6 Subprocessors
We engage third parties to provide hosting, email delivery, file storage, payment processing, analytics and AI services. A current list is available on request. We will give you reasonable notice before engaging a new subprocessor that processes Personal Information in Customer Data, and you may object on reasonable grounds relating to data protection, in which case we will work with you in good faith to find a solution.
5. Recruit Hub and the Job Board
5.1 Publishing a role
Where you publish a role to the Job Board, the listing appears publicly under your business name. Applications are collected by us and delivered into your account.
5.2 Your obligations when advertising
You must:
(a) advertise only genuine vacancies you are willing and able to fill;
(b) ensure listing details are accurate and not misleading;
(c) ensure your screening questions do not discriminate on the basis of a protected attribute under the Fair Work Act 2009 (Cth), the Equal Opportunity Act 2010 (Vic), or other applicable anti-discrimination legislation;
(d) only collect Candidate Data reasonably necessary for the role;
(e) use Candidate Data only to assess and progress applications for the role advertised, or for future roles where the candidate has expressly opted in;
(f) not disclose Candidate Data to any third party without the candidate's consent; and
(g) respond promptly and in good faith where we pass on a candidate's request to access, correct or delete their information.
5.3 Our role
We operate the Job Board and deliver applications to you. We do not screen, assess or endorse candidates unless separately engaged under MGH-LGL-004 Recruitment Terms, and we are not a party to any employment relationship arising from a listing.
We do not use Candidate Data from your listings for any purpose other than delivering it to you and operating the Platform, and we do not disclose it to any other customer.
5.4 Removal of listings
We may remove a listing that we reasonably consider inaccurate, misleading, discriminatory, unlawful, or otherwise inappropriate for the Job Board. Where practical we will tell you first and give you the opportunity to correct it.
5.5 Candidate retention
Candidate records not linked to an open role, and where the candidate has not opted in to future opportunities, may be removed 12 months after the candidate's last activity. You are responsible for exporting anything you need to retain before that point. We will give you reasonable notice before removal.
6. AI Features and Generated Output
6.1 What AI Features are
The Platform includes AI Features, including the Foreman assistant, which can draft documents, summarise records, suggest content and assist with tasks such as writing job advertisements, position descriptions and procedures.
AI Features are provided as a productivity tool. They are not a substitute for professional judgement, and they do not provide legal, safety, employment, engineering or compliance advice.
6.2 How AI Features behave
You acknowledge that AI Features are probabilistic rather than deterministic, and that:
(a) Generated Output may be inaccurate, incomplete, outdated, misleading or entirely fabricated, including content that appears authoritative, cites standards or clauses that do not exist or do not say what is claimed, or states facts about your business that are not true;
(b) the same or similar input may produce different output on different occasions;
(c) Generated Output is not reviewed by us before it is shown to you;
(d) AI Features may reflect limitations or biases present in the underlying models; and
(e) Generated Output may be similar or identical to output produced for other users, and is not unique to you.
This behaviour is inherent to the technology and is not a defect in the Platform.
6.3 Your obligation to review
You must review, verify and approve all Generated Output before relying on it, publishing it, acting on it, or providing it to any third party.
In particular, you must not rely on Generated Output without independent verification where it relates to:
(a) compliance with ISO standards, Australian Standards, or any other standard or certification requirement;
(b) work health and safety obligations, risk assessments, or safe work procedures;
(c) employment, industrial relations or workplace obligations, including award and enterprise agreement entitlements;
(d) legal or regulatory obligations;
(e) engineering, technical or product specifications; or
(f) financial, taxation or insurance matters.
Where Generated Output relates to a matter requiring professional qualification or certification, you must have it reviewed by an appropriately qualified person before use.
6.4 Human decision-making in recruitment
Where AI Features are used in connection with Recruit Hub or the Job Board, including to draft advertisements, summarise applications, or suggest rankings or scores:
(a) AI Features must not be used as the sole or determinative basis for any decision affecting a candidate, including a decision to reject, shortlist, interview or make an offer;
(b) every such decision must be made by a natural person exercising independent judgement, who has reviewed the underlying application;
(c) you remain solely responsible for ensuring your recruitment decisions and processes comply with the Fair Work Act 2009 (Cth), the Equal Opportunity Act 2010 (Vic), the Disability Discrimination Act 1992 (Cth), the Age Discrimination Act 2004 (Cth), the Racial Discrimination Act 1975 (Cth), the Sex Discrimination Act 1984 (Cth) and any other applicable anti-discrimination or workplace legislation; and
(d) you must not use AI Features to infer, or attempt to infer, a candidate's protected attributes.
You acknowledge that AI systems can reproduce bias present in their training data, and that responsibility for the fairness and lawfulness of your recruitment decisions rests with you.
6.5 Ownership of Generated Output
As between you and us, and to the extent capable of ownership, you own Generated Output produced from your inputs, and it forms part of Customer Data.
You acknowledge that:
(a) Generated Output may not attract copyright or other intellectual property protection in Australia, because it may not have a human author in the sense required by law;
(b) we do not warrant that Generated Output is original, or that it does not infringe a third party's rights; and
(c) our indemnity in clause 20.1 does not extend to Generated Output.
Where Generated Output incorporates one of our templates or Materials, our underlying rights in that template or Material are not transferred to you.
6.6 Your inputs
You are responsible for what you submit to AI Features. You must not submit:
(a) information you are not entitled to disclose;
(b) sensitive information, other than where necessary and lawful;
(c) another person's personal information where you do not have a lawful basis to disclose it to us and to our AI Provider; or
(d) content that breaches the Acceptable Use Policy.
6.7 AI Providers and overseas processing
We use third-party AI Providers to deliver AI Features. Where you use an AI Feature, the content you submit and relevant context from your Customer Data is transmitted to the AI Provider to generate the output.
We contract with AI Providers on terms that require that your inputs and Generated Output are not used to train the AI Provider's models, are retained only as long as necessary to deliver the output and meet the AI Provider's legal obligations, and are not disclosed to other customers of the AI Provider.
Overseas disclosure. [CONFIRM — insert the country your AI Provider processes in.] Unlike the rest of the Platform, which is hosted in Australia, our AI Providers process data on servers located in [insert country]. By using an AI Feature you acknowledge that content you submit, which may include Personal Information contained in Customer Data, is disclosed to a recipient outside Australia. We have taken reasonable steps to ensure the AI Provider handles it in a manner consistent with the Australian Privacy Principles, but you acknowledge that Australian Privacy Principle 8.1 protections may be limited in respect of overseas recipients.
You must not submit Personal Information to AI Features where doing so would breach your own privacy obligations. Where necessary, you should de-identify content before submitting it.
A current list of our AI Providers is available on request.
6.8 Availability and fair use
AI Features depend on third-party services. We may change, suspend or discontinue an AI Feature or change the underlying model at any time, apply reasonable usage limits to prevent excessive or abusive use, and suspend access where an AI Provider's service is unavailable or restricted.
Clause 9 applies where discontinuing an AI Feature would materially reduce the core functionality of a Hub you subscribe to. AI Features are not covered by the availability target in clause 8.1.
6.9 No advice
Nothing produced by an AI Feature constitutes legal, financial, safety, engineering, employment or professional advice from us, and no professional relationship arises from your use of an AI Feature.
6.10 Liability for AI Features
Subject to clause 21.1, and to the fullest extent permitted by law, we are not liable for any loss arising from your reliance on Generated Output, including where it is inaccurate, incomplete, misleading or infringing, where you have not complied with your review obligation under clause 6.3.
This clause does not limit our obligation to provide the Platform, including its AI Features, with due care and skill.
7. Security
We maintain technical and organisational measures appropriate to the nature of the Platform and the information it holds, including:
(a) encryption of data in transit;
(b) encryption of stored files;
(c) logical separation of each customer's data, enforced at the database level, so that one customer cannot access another's records;
(d) role-based access controls within the Platform;
(e) restricted administrative access, limited to personnel who require it;
(f) audit logging of significant actions; and
(g) regular application of security updates.
We review these measures periodically and may change them, provided the overall level of protection is not materially reduced.
8. Availability and support
8.1 Target availability
We will use reasonable endeavours to make the Platform available 99.5% of the time, measured monthly, excluding Excluded Downtime.
8.2 Excluded Downtime
Excluded Downtime means unavailability caused by:
(a) scheduled maintenance, where we have given at least 24 hours' notice and, where reasonably practicable, scheduled it outside Support Hours;
(b) emergency maintenance reasonably required to address a security or stability risk;
(c) failure of your equipment, network or internet connection;
(d) your acts or omissions, or those of your Authorised Users;
(e) failure of a third-party service outside our reasonable control, including hosting, network and AI Providers; or
(f) an event of Force Majeure.
8.3 Support
We provide support by email to [email protected] during Support Hours, and will use reasonable endeavours to respond within the following times:
| Severity |
Description |
Target first response |
| Critical |
Platform unavailable, or a Hub unusable for all your users, with no workaround |
4 Support Hours |
| High |
Significant function unavailable or materially impaired, workaround difficult |
1 Business Day |
| Medium |
Function impaired, reasonable workaround available |
2 Business Days |
| Low |
Question, minor issue, or enhancement request |
5 Business Days |
These are response targets, not resolution guarantees. We will keep you reasonably informed of progress on Critical and High issues.
8.4 If we miss the availability target
If availability falls below 99.5% in a calendar month, you may request a service credit equal to 10% of that month's Fees, or 25% if availability falls below 95%. You must request the credit within 30 days of the end of the affected month. Service credits are applied against future Fees and are your sole financial remedy for unavailability, except where clause 21.1 applies.
9. Changes to the Platform
9.1 Improvements
We continuously develop the Platform. We may add, change or remove features, provided we do not materially reduce the core functionality of a Hub you subscribe to.
9.2 Material reductions
If we materially reduce the core functionality of a Hub you subscribe to, we will give you at least 30 days' notice, and you may terminate your subscription to that Hub by notice within 30 days of the change taking effect, with a pro-rata refund of Fees prepaid for the period after termination.
9.3 Deprecation
If we intend to discontinue a Hub entirely, we will give you at least 90 days' notice and will make reasonable export tools available before it is withdrawn.
10. Fees and payment
10.1 Fees
Fees are set out in Schedule 1 and your Order, and are payable monthly in advance. All Fees are exclusive of GST unless stated otherwise, and GST is payable in addition.
10.2 Payment method
Fees are charged to the payment method on your account on each billing date. You must keep a valid payment method on file.
10.3 Overdue amounts
If payment fails, we will notify you and attempt to charge again. If Fees remain unpaid 14 days after the due date, we may suspend access under clause 15 after giving you at least 7 days' written notice and a reasonable opportunity to pay.
We may charge interest on overdue amounts at the RBA cash rate plus 4% per annum, calculated daily. We will not charge interest where the amount is genuinely disputed and you have told us why in writing.
10.4 Price changes
We may change Fees on at least 60 days' notice to you. If you do not accept the change, you may terminate your subscription with effect from the date the new Fees would take effect, by giving notice before that date. Continuing to use the Platform after that date constitutes acceptance.
We will not increase Fees more than once in any 12-month period, except where you add Hubs.
10.5 No set-off
You must pay Fees without set-off or deduction, except for amounts we agree are payable to you or that a court has determined are payable to you.
11. Term
Your subscription starts on the date recorded in your Order and continues month to month until terminated in accordance with clause 12.
12. Termination
12.1 By you
You may terminate your subscription at any time by giving notice through the Platform or in writing. Termination takes effect at the end of the current billing month. Fees already paid for the current month are not refunded, and no further Fees are charged.
12.2 By us for convenience
We may terminate your subscription on 60 days' written notice. If we do, we will refund Fees prepaid for any period after termination.
12.3 By either party for breach
Either party may terminate immediately by written notice if the other:
(a) commits a material breach that is capable of remedy and fails to remedy it within 14 days of written notice specifying the breach; or
(b) commits a material breach that is not capable of remedy.
12.4 By either party for insolvency
Either party may terminate immediately by written notice if the other becomes insolvent, has a controller or administrator appointed, enters liquidation, or takes any similar step, to the extent permitted by law.
12.5 By us for serious misuse
We may terminate immediately by written notice if you use the Platform in a way that is unlawful, that materially breaches the Acceptable Use Policy, or that creates a serious and immediate risk to the Platform, to us, or to another customer.
12.6 Effect
On termination your right to access the Platform ends, you must pay all Fees accrued to the effective date, clause 13 applies to your Customer Data, and clauses that by their nature survive termination continue — including clauses 3, 6.5, 13, 19, 20, 21 and 27.
13. Data export and deletion
13.1 Export during your subscription
You may export Customer Data at any time during your subscription using the export tools in the Platform. Where a Hub does not provide a self-service export for particular data, we will provide it on request in a structured, commonly used format, at no charge, within 10 Business Days.
13.2 Export after termination
We will retain Customer Data in a recoverable state for 30 days after termination, during which you may request an export. We will provide it within 10 Business Days of the request.
After 30 days your Customer Data is deleted and cannot be recovered. We recommend you export anything you need before terminating.
13.3 Deletion
After the retention period in clause 13.2 we will delete or de-identify Customer Data, other than:
(a) data we are required by law to retain;
(b) financial records, retained for 7 years as required by Australian tax law; and
(c) backup copies, which are overwritten on our rolling 7 day backup cycle.
13.4 Certificate of deletion
We will confirm deletion in writing on request.
14. Intellectual property
14.1 Ours
We own all intellectual property rights in the Platform, including its software, design, documentation, templates and Materials, and all improvements to them. Nothing in these Software Terms transfers those rights to you.
14.2 Yours
You own all intellectual property rights in Customer Data. Clause 6.5 applies to Generated Output.
14.3 Feedback
If you give us feedback, suggestions or ideas about the Platform, we may use them without restriction and without obligation to you. We will not identify you as the source without your consent.
15. Suspension
15.1 When we may suspend
We may suspend your access to all or part of the Platform if Fees remain unpaid in accordance with clause 10.3, if your use presents a serious and immediate security, stability or legal risk, or if we are required to do so by law.
15.2 Notice
Except where immediate action is required to address a serious and immediate risk or to comply with the law, we will give you at least 7 days' written notice before suspending, and will tell you what you need to do to avoid suspension.
15.3 Effect
Suspension does not terminate your subscription and does not relieve you of the obligation to pay Fees, except where the suspension is not attributable to your act or omission. We will restore access promptly once the cause is resolved.
16. Third-party integrations
The Platform may integrate with third-party services, including Xero, MYOB and Microsoft 365. Those services are provided by third parties under their own terms, and we are not responsible for their availability, accuracy or conduct.
Where you connect a third-party service, you authorise us to access and exchange data with it as necessary for the integration to function. If the third party changes or withdraws its interface, the integration may stop working, and clause 9 applies.
17. Warranties
17.1 Mutual
Each party warrants that it has the power and authority to enter into these Software Terms.
17.2 Ours
We warrant that:
(a) we will provide the Platform with due care and skill;
(b) the Platform will materially conform to its documentation; and
(c) we will not knowingly introduce malicious code into the Platform.
The warranty in clause 17.2(b) does not apply to the content of Generated Output, which is governed by clause 6.
17.3 What we do not warrant
Except as set out in clause 17.2 and clause 21.1, and to the extent permitted by law, we do not warrant that the Platform will be uninterrupted or error-free, or that it will meet your particular requirements.
17.4 Materials and documents
The Platform is a management tool. It helps you create, store, organise and track documents and records. It does not certify, approve or validate them.
You acknowledge that:
(a) Materials, including templates and Generated Output, are starting points to be adapted to your business, not finished documents ready for use without review;
(b) we do not warrant that any Material is suitable for your business, your industry, your site, your workforce or your circumstances;
(c) we do not warrant that using the Platform, or any Material, will result in or maintain certification to ISO 9001 or any other standard, or achieve compliance with any law, regulation, code or standard;
(d) you are responsible for reviewing, adapting, approving and maintaining every document you use in your business, and for ensuring it is accurate, current and appropriate; and
(e) responsibility for your compliance obligations, and for the safety of your workplace, rests with you at all times and is not transferred to us by your use of the Platform.
Subject to clause 21.1, and to the fullest extent permitted by law, we are not liable for loss arising from your use of, or reliance on, any Material or document created, stored or generated in the Platform, including any finding, non-conformance, penalty, loss of certification or claim arising from it.
Nothing in this clause limits our obligation to supply the Platform with due care and skill, or our liability where loss is caused by our own breach or negligence.
18. Confidentiality
18.1 Obligation
Each party must keep the other's Confidential Information confidential, use it only for the purposes of these Software Terms, and disclose it only to personnel and advisers who need to know it and who are bound by equivalent obligations.
18.2 Confidential Information
Confidential Information means information disclosed by one party to the other that is marked confidential, or that a reasonable person would understand to be confidential given its nature or the circumstances. Customer Data is your Confidential Information. The Platform's non-public functionality, pricing and roadmap are our Confidential Information.
18.3 Exceptions
Confidential Information does not include information that is public other than through breach of this clause, was already known to the recipient without obligation of confidence, is independently developed without reference to the discloser's information, or is lawfully received from a third party without restriction.
18.4 Compelled disclosure
A party may disclose Confidential Information where required by law, court order or regulator, provided it gives the other party notice where lawfully able to do so and discloses only what is required.
18.5 Publicity
We may identify you as a customer by name and logo on our website and in marketing materials. You may withdraw that permission at any time by notice, and we will remove it within a reasonable period. We will not publish a case study, quote or detail about your business without your prior written consent.
19. Indemnities
19.1 Our IP indemnity
We indemnify you against any claim that your use of the Platform in accordance with these Software Terms infringes a third party's intellectual property rights in Australia or New Zealand, and will pay damages and reasonable legal costs finally awarded or agreed in settlement.
This indemnity does not apply to a claim arising from Customer Data, from Generated Output, from your use of the Platform other than in accordance with these Software Terms, or from combination of the Platform with anything not supplied by us where the claim would not have arisen but for that combination.
If a claim arises, we may at our option obtain the right for you to continue using the Platform, modify it so it is non-infringing, or terminate the affected part of your subscription and refund Fees prepaid for the period after termination.
19.2 Your indemnity
You indemnify us against loss we suffer arising from:
(a) Customer Data that breaches a third party's rights or any law;
(b) your breach of clause 5.2 (job board obligations);
(c) your breach of clause 4.3 (privacy obligations); or
(d) your breach of clause 6.4 (human decision-making in recruitment).
Your liability under this indemnity is reduced to the extent our own act, omission or breach contributed to the loss.
19.3 Conduct of claims
A party seeking indemnity must notify the other promptly, not admit liability or settle without the indemnifier's consent (not unreasonably withheld), and give reasonable assistance in defending the claim.
20. Liability
20.1 Consumer guarantees
Nothing in these Software Terms excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law or the Competition and Consumer Act 2010 (Cth) that cannot lawfully be excluded, restricted or modified.
Where the Australian Consumer Law permits us to limit our liability for a failure to comply with a consumer guarantee, our liability is limited, at our option, to resupplying the services or paying the cost of having them resupplied.
For customers in New Zealand who acquire the Platform for business purposes, the parties agree that the Consumer Guarantees Act 1993 (NZ) does not apply, to the extent permitted by section 43 of that Act.
(Note: this clause is numbered 20.1 in the body and referred to elsewhere as 21.1. Renumber consistently on final issue.)
20.2 Exclusion of indirect loss
Subject to clause 20.1, neither party is liable to the other for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, loss of business opportunity, or loss of goodwill, however arising.
20.3 Cap
Subject to clauses 20.1 and 20.5, each party's total aggregate liability arising out of or in connection with these Software Terms in any 12-month period is limited to the total Fees paid or payable by you in the 12 months immediately preceding the first event giving rise to liability.
20.4 Data loss
Subject to clause 20.1, we are not liable for loss or corruption of Customer Data except to the extent caused by our breach of clause 7 or our negligence. Our liability for such loss is limited as set out in clause 20.3, and our primary obligation is to restore the data from our most recent backup.
20.5 What the cap does not apply to
Clauses 20.2 and 20.3 do not apply to:
(a) your obligation to pay Fees;
(b) either party's breach of clause 18 (confidentiality);
(c) our indemnity under clause 19.1;
(d) your indemnity under clause 19.2; or
(e) liability that cannot be limited by law, including liability for fraud, wilful misconduct, or death or personal injury caused by negligence.
20.6 AI and Materials
Clauses 6.10 and 17.4 apply to liability arising from Generated Output and Materials. Nothing in those clauses limits liability that cannot be limited by law.
20.7 Mitigation
Each party must take reasonable steps to mitigate its loss.
21. Dispute resolution
21.1 Notice
A party must not commence legal proceedings in relation to a dispute under these Software Terms unless it has first complied with this clause, except where seeking urgent interlocutory relief.
21.2 Process
The party raising the dispute must give written notice describing it. Senior representatives of both parties must meet, in person or remotely, within 14 days of the notice and attempt in good faith to resolve it.
21.3 Mediation
If the dispute is not resolved within 28 days of the notice, either party may refer it to mediation administered by the Australian Disputes Centre, with the mediator and costs to be agreed, or failing agreement, appointed by the Centre and shared equally.
21.4 Continuing obligations
Each party must continue to perform its obligations while a dispute is being resolved, except where the dispute concerns the very obligation in question.
22. Force majeure
Neither party is liable for failure or delay in performing its obligations (other than an obligation to pay money) caused by an event beyond its reasonable control, including natural disaster, pandemic, war, terrorism, industrial action affecting a third party, failure of a utility or telecommunications provider, or a change in law.
The affected party must notify the other promptly and use reasonable endeavours to resume performance. If the event continues for more than 60 days, either party may terminate on written notice.
23. Changes to these terms
We may change these Software Terms to reflect changes in the Platform, in our business, or in the law.
We will give you at least 30 days' written notice of any change that materially affects your rights or obligations, before it takes effect. Non-material changes, such as correcting an error or clarifying wording, take effect on publication.
If you do not accept a material change, you may terminate your subscription with effect from the date the change would take effect, by giving notice before that date, and we will refund Fees prepaid for any period after termination. Continuing to use the Platform after the change takes effect constitutes acceptance.
24. Notices
Notices to us must be sent to [email protected]. Notices to you will be sent to the email address on your account, or given through the Platform.
A notice sent by email is taken to be received on the next Business Day after sending, unless the sender receives a delivery failure notification.
It is your responsibility to keep your account email address current.
25. General
25.1 Assignment. You may not assign or novate these Software Terms without our written consent, not to be unreasonably withheld. We may assign or novate to a related body corporate, or in connection with a sale of our business, on notice to you.
25.2 Subcontracting. We may subcontract performance of our obligations, and remain responsible for the acts and omissions of our subcontractors.
25.3 Entire agreement. These Software Terms, together with the Master Services Agreement, your Order, Schedule 1, the Acceptable Use Policy and the Privacy Policy, form the entire agreement between the parties in relation to the Platform.
25.4 Severability. If any provision is held to be invalid or unenforceable, it is severed to the extent necessary and the remainder continues in force.
25.5 Waiver. A failure or delay in exercising a right is not a waiver of it.
25.6 Relationship. The parties are independent contractors. Nothing creates a partnership, joint venture, agency or employment relationship.
25.7 Electronic acceptance. These Software Terms may be accepted electronically, including by clicking to accept or by using the Platform after being given notice of them.
26. Governing law
These Software Terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from them.
For customers in New Zealand, nothing in this clause limits any right you have under New Zealand law that cannot lawfully be excluded.
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Schedule 1 — Hubs and Fees
All Fees are per organisation per month, exclusive of GST, payable monthly in advance.
Core Subscription — $249 per month
The Core Subscription is required before any Additional Hub may be activated, and must remain active while any Additional Hub is active. It includes:
| Hub |
Purpose |
| CompliHub |
Quality, compliance and document control |
| HR Hub |
People, records and employee management |
| Performance Hub |
Performance and improvement tracking |
| Academy Hub |
Training, courses and competency |
| Recruit Hub |
Recruitment pipeline and Job Board publishing |
| Community Hub |
Industry community and networking |
Additional Hubs
| Hub |
Fee per month |
Purpose |
| Factory Hub |
$249 |
Production, scheduling and factory operations |
| Tender Hub |
$99 |
Tender and bid management |
Notes
- Additional Hubs may be activated at any time and are charged pro-rata for the balance of the then-current billing month.
- Additional Hubs may be removed effective from the start of the next billing month. No pro-rata refund applies within a billing month.
- If the Core Subscription ends, all Additional Hubs end at the same time.
- Hubs released after the date of these Software Terms may be included in the Core Subscription or offered as Additional Hubs, at our discretion. Adding a new Hub to the Core Subscription at no additional charge is not a Fee change for the purposes of clause 10.4.
- Fees do not include professional services, consulting, implementation, training or recruitment services, which are provided under separate Service Schedules.
Contact
The Manufacturing Growth Hub Pty Ltd
ABN 11 682 912 036
[email protected]
Change log
| Version |
Date |
Change |
| 1.0 |
2026 |
Initial |
| 1.1 |
28 July 2026 |
Added clause 6 (AI Features and Generated Output) and clause 17.4 (Materials and documents); confirmed Australian hosting; 30 day post-termination retention; 7 day backup cycle; removed free trial; changed to per-organisation pricing; added Schedule 1 |