TERMS OF USE - BIGREDSKY A.S.P. SERVICES
The Application Service Provider ("A.S.P.") services, described within and linked to a Customer organisation's website where that Customer is using the BigRedSky (BRS) A.S.P Products and Services are owned and operated by BigRedSky Limited ABN 95 125 963 788 ("BigRedSky").
Please read all of the Terms of Use carefully before accessing or using any products or services provided by BigRedSky. By accessing or using the BRS services within a Customer's website, you agree to be bound by all of the Terms of Use set out below. BigRedSky may modify these Terms of Use at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions.
The Terms of Use should be read together with any other licence or agreement entered into between BigRedSky and yourself (or the person or company, if any, through whom you are authorised to access any website that incorporates and Products or services owned by BigRedSky).
The "Terms of Use" comprise of: Terms & Conditions: BigRedSky Limited's General Terms and Conditions; Privacy Policies:: BigRedSky Limited's General Privacy Policy; Disclaimer:: BigRedSky Limited's Disclaimer and limit of liability.
BIGREDSKY LIMITED'S GENERAL TERMS & CONDITIONS
Description of BigRedSky Limited's BigRedSky (BRS) Services. BigRedSky Limited ("BigRedSky") specialises in the development and delivery of Recruitment Management Software solutions. BigRedSky (BRS) is the Product name of a software system developed for these purposes. The BRS Software is fully owned by BigRedSky Limited and licensed for use to it's Customers to facilitate the advertisement of job vacancies, and to collect applicant responses into a database which is owned and accessed by that Customer and /or it's specified employees (Recruiters). BRS products and their features are described at the following URL: http://www.bigredsky.com
BigRedSky through its BRS Application Service Provider (A.S.P.) facility offers a recruitment response management system for the benefit of both job seekers and corporate recruiters.
BRS is an online application that automates and manages organisations' recruitment processes and provides a knowledge management system that tracks candidates and recruitment tasks. Job seekers may view applications on a Customer organisation's website via their "employment button" which is linked to the organisation's own secure database within the BRS system, and stored on a server operated by BigRedSky Limited.
BRS is incorporated in to the Customer's website (usually by linking to the "Careers at" button, by BigRedSky. There are various levels of functionality available to the Customer, depending on their requirements and the product licence that they have purchased from BigRedSky.
To use the services of BRS, the recruiting organisation (Customer) must enter into an ASPLA (Application Service Provider Licence Agreement) with BigRedSky to purchase access to the BRS ASP and by doing so accept the BigRedSky Terms & Conditions, as well as the commercial terms within.
Incorporation of Other Terms of Use These General Terms and Conditions govern the use of all of BigRedSky's BRS A.S.P. Services and Websites and form part of and should be read together with the specific product Terms of Use, as applicable.
Copyright The material on this Website is copyright (c) 2002-2007 BigRedSky Limited ABN 95 125 963 788 and its contributors, unless otherwise indicated. The material on this Website is protected by Australian copyright legislation and copyright legislation in other countries.
You must not use this Website for any purpose that is unlawful or prohibited by these General Terms and Conditions.
Business Names and Trademarks BigRedSky is the owner or applicant for various business names, trade marks (BigRedSky(tm)) and domain names (together "Names"). BigRedSky uses or may in the future use Names in the course of providing products and services to its customers.
The Names may not be used as trade marks in connection with the supply of goods or services by any person without the prior permission in writing of BigRedSky. BigRedSky has developed strict guidelines as to the manner in which the Names are to be used by authorised users.
Proprietary Rights You acknowledge and agree that the services provided by BigRedSky, within a Customer website and any necessary software (including third party software) used in connection with the website contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
You further acknowledge and agree that any material in sponsor advertisements or information presented on the website is protected by copyrights, trademark, patents or other proprietary rights and laws. Except as expressly authorised in writing by BigRedSky or the relevant advertising sponsors, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any material on the website or any necessary software used in connection with the website.
Interference With Our Website and Systems You must not use any device to monitor, copy, alter or publicly display any material on the website without the prior express written permission of BigRedSky.
You must not compromise the integrity of our software or systems. You must not use any device, software or routine, including "web robots", "spiders" or any other automated process to interfere or attempt to interfere with the proper working of the Website or any software associated with the Website.
Links To/From Our Website BigRedSky may provide hyperlinks and pointers from its website to websites maintained by third parties. Third party websites may also provide links or pointers to BigRedSky's Websites with or without BigRedSky's permission. BigRedSky has no control over the content of such linked sites and is not responsible for the accuracy, legality or decency of any linked site or any further link contained in a linked site.
BigRedSky is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BigRedSky of the linked site. BigRedSky is not responsible for the copyright or other legal compliance of any linked site.
Websites or pages maintained by third parties ordinarily have their own terms and conditions of access.
Accuracy of Information on Website provided by BigRedSky BigRedSky will use all reasonable endeavours to avoid errors in the information posted by it on the website. However, BigRedSky accepts no responsibility or liability for any errors on the website and you are responsible for establishing procedures to meet your own particular requirements for accuracy of data input and output. You should also establish procedures to enable lost data to be reconstructed external to the website.
BigRedSky expressly accepts no responsibility for the accuracy or availability of any job advertisements provided by it's Customers.
Standard of Service While BigRedSky will use its best endeavours to maintain continuous operation and access to the website, however the nature of the internet determines that BigRedSky can not and does not warrant that services on its website will be uninterrupted or free from errors or defects, or that any such problems in the service will be rectified. BigRedSky does not guarantee or warrant that files available for downloading through the website will be free of infection, viruses, worms, trojans, variants or other such code with destructive or debilitating capabilities.
Security of Your Personal Information BigRedSky understands the importance of your privacy and will take all reasonable measures to ensure your privacy of the personal information. We will take all reasonable steps to ensure that all personal information we collect, is stored in a secure environment accessed only by relevantly authorised persons. Transmissions sent to, or from BRS powered sites are continuously monitored for intrusion and quality control. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. There are legal obligations that BigRedSky is committed to complying with, however all activities conducted by you in the use of the sites are at your own risk.
You acknowledge that it is possible for third parties to unlawfully access your personal information from the Internet or while stored on equipment operated by BigRedSky. While BigRedSky strives to protect your personal information from misuse, loss and unauthorised access, we cannot guarantee the security of information you transmit to or receive from us, BigRedSky accepts no liability should this occur. Further details relating to privacy pertaining to the specific products and services, see BigRedSky Limited's General Privacy Policy.
Hosting Services BigRedSky may elect to host the BRS Products at a third party hosting provider. Some equipment and technical services may be provided by such Hosting Provider under agreements with BigRedSky and the other equipment by BigRedSky. Our hosting provider may be changed from time to time at our sole discretion.
BigRedSky will make all reasonable efforts to ensure hosting service standards include, industry standard facilities including multiple high bandwidth internet connectivity, Cisco firewall, backup power, security access and disaster recovery systems. Backup procedures are maintained according to the BRS product licence.
Credit Card Payments We do not store any information about credit cards on our databases. Such financial transaction data is referred to an approved Secure Transaction Provider to facilitate on-line secure payments. Our sites incorporate an Encryption Certificate where encrypted information is transacted.
If you use a service from our website, BigRedSky will only have access to sufficient information concerning your transaction as provided by it's transaction provider to permit us to verify your instructions and reconcile payment information from its merchant clearance system.
Client Recruiter Password and Login A Customer organisation will be granted the number of login User Names according to the ASP License Agreement, (ASPLA) or other agreement between BigRedSky and the Customer, and each User will be provided access to their database concurrently. Only one user may use a particular User Name login at any one time.
Member Password and Login Job seekers may elect to become a registered Member on the Client's BRS powered database. This enables the Job seeker to provide their details in various "profiles" to enable the BRS system to match the skills and attributes to suitable jobs, and to alert the job seeker of those matches via email.
Recruitment Process It is the responsibility of each Recruiter to ensure they do not breach any human rights, equal opportunity, and other anti-discrimination or other legislation applicable in the State, Territory, or country in which they conduct business.
Fees Fees payable by the Client recruiter organisation are determined upon application to BigRedSky and are stated in or as an annexure to the ASPLA (Application Service Provider Licence Agreement). BigRedSky reserve the right to review and amend the licence fees from time to time and will provide a minimum of three months notice of any increases. All charges to Australian Clients will be subject to Australian Goods and Services Tax.
Termination of Listing or Services A Customer may at any time withdraw from using our services temporarily or permanently. BigRedSky can prevent use and access to the organisation's database if so requested in writing.
Without limiting any other remedies, BigRedSky may require a Customer to remove all or part of a job listing, or any other material posted on our Website. If you fail to do, we reserve the right to remove all or part of the material at our sole discretion, in particular if:
- if it infringes, or is suspected of infringing, third party intellectual property rights;
- if we receive a direction, demand, or request to do so from any government department or agency; or
- at any other time, with or without cause, in our absolute discretion.
BigRedSky will have no liability to anyone if it removes all or part of a listing or any other material for any reason. You waive all rights you may have had against BigRedSky in respect of such conduct.
BigRedSky may suspend or terminate your membership registration use a BRS Product (as a job seeker) with us at any time. You waive all rights you may have against BRS in respect of such suspension or termination.
BigRedSky may suspend or terminate any or all of its services, or add to or change some or all of our services or features of any BRS service on the Customer website, at any time, with or without cause, in our absolute discretion. We will have no liability to you if we suspend, terminate, add to or change any or all of our services, for any reason. You waive all rights you may have had against BigRedSky in respect of such conduct.
Amendments to the Terms of Use BRS may edit this Terms of Use from time to time. If we make any substantial changes we will notify you by posting a prominent announcement on our pages.
Dispute Resolution Disputes arising out of or in connection with any of the Terms of Use may, at the discretion of BigRedSky, be settled by binding arbitration by reference to a commercial resolving disputes centre. Users agree to be bound by the ruling of the arbitrator, and the costs of the dispute are to be borne by the party bringing the matter to arbitration.
Governing Law The laws of Western Australia, Australia, these Terms of Use for the BRS Services. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia and the courts to which appeals from those courts may be heard. If any provisions in this Service or the Terms of Use are invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Service and the Terms of Use which will continue in full force and effect.
DISCLAIMER AND LIMITATION OF LIABILITY
The Trade Practices Act and similar State legislation in Australia confer rights and remedies on you in relation to the provision various services by BigRedSky which cannot be excluded, restricted or modified ("Non-excludable Rights"). BigRedSky does not exclude any Non-excludable Rights, but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:
- This Website is provided by BigRedSky on an "as is" basis.
- BigRedSky makes no representations or warranties of any kind, express or implied, as to the operation of, your access to, or the results of your access to the Website (including any related or linked websites) or the correctness, accuracy, timeliness, completeness or reliability of the information, content, materials, or products included on this Website. BRS will however use all reasonable endeavours to ensure the Website is as current as possible at all times.
- To the full extent permissible by applicable law, BRS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
- BigRedSky will not be liable for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, any information on the Website, whether or not caused by any negligent act or omission. If any law prohibits the exclusion of such liability, BigRedSky hereby limits its liability, to the extent permitted by law, to the resupply of the said information.
- BigRedSky will not be liable for any damages (including direct, indirect, special, consequential or incidental) caused if the Website is unavailable to job seekers and recruiters due to interruption, suspension or termination, for any reason, including but shall not be limited to computer or communications link failures caused by malfunctions, upgrades or maintenance activities.
- BigRedSky will not be liable for any damages (including direct, indirect, special, consequential or incidental) if a job seeker using the Website is unsuccessful in obtaining or maintaining employment from a recruiter for any reason.
- BigRedSky will not be liable for any actions of a recruiter using our Website.
Accuracy of Information BigRedSky accepts no responsibility for the content of any job advertisements advertised to applicants through any BRS Product, Customer branded websites which incorporates a BRS Product or of any job application provided by job seekers in response to a Customer advertisement.
Customers certify that all information they provide to the site is accurate, and does not breach any law, or the rights of any person including but not limited to human rights, equal opportunity and anti-discrimination laws.
Availability of Jobs and Applicants BigRedSky cannot guarantee the continued availability of any particular applicant application is forwarded to a recruiter for a job and is not responsible if the applicant selects another job at any time.
The Recruiting organisation is required to close all applications immediately when a position is filled, by removing the advertisement if it is no longer bona-fide and active, and may archive or delete application details. It is recommended that the organisation advise unsuccessful applicants individually, by using the automatically generated system (if applicable) or by other means as considered necessary.
Recruiters who publish job vacancies or any other material on any site which uses the BRS A.S.P. services, indemnify BigRedSky and its officers, employees and agents against any claim, demand, injury, direct or indirect damage, loss or cost, liability, right of action or claim for compensation in contract, under statute or in tort (including negligence) made against it by any third party due to, or in connection with:
- the publication of any information supplied by the recruiter; or
- a breach of any of the Terms of Use of this Website by a recruiter.
BigRedSky may insist on the removal of any notice or advertisement if it believes the notice or advertisement may infringe the rights of any person or may be unlawful, may create liability for BRS, or the user, or may cause BigRedSky to lose (all or part of) its access to the Internet service provider.
Applicants and recruiters cannot assert reliance on any statement made by BigRedSky that is not expressly stated in these terms and conditions.
BigRedSky cannot guarantee the continued availability of any particular applicant for a job and is not responsible if the applicant selects another job at any time.
Customers providing recruitment services using a BRS product ("Recruiters) are required to close all applications immediately when a position is filled.
BigRedSky does not warrant the continued availability of any applicant whose application is forwarded to a Recruiter.
Recruiters who publish job vacancies or any other material on this site, indemnify BigRedSky and its officers, employees and agents against any claim, demand, injury, direct or indirect damage, loss or cost, liability, right of action or claim for compensation in contract, under statute or in tort (including negligence) made against it by any third party due to, or in connection with:
- the publication of any information supplied by the Customer; or
- a breach of any of the Terms of Use of this website and the terms and conditions of use of the BRS Product by a Recruiter.
BigRedSky May refuse to publish or remove a notice or advertisement if it believes the notice or advertisement may infringe the rights of any person or may be unlawful, may create liability for BigRedSky, or the user, or may cause BigRedSky to lose (all or part of) its access to the Internet service provider.
Applicants and Recruiters may not assert reliance on any statement made by BigRedSky which is not expressly stated in these terms and conditions.
BigRedSky will not be liable for any damage or loss incurred as a result of Customers (or their employees or agents) failing to maintain the confidentiality of passwords and User name.
BigRedSky holds Customers (or it's employees or agents) responsible for any conduct or activity done by it.
If a Customer knows or suspects that a User name has been used without their authorisation, that their password has become known to a third party, or any other security breach has occurred, they must alter the password immediately and notify BigRedSky.
BigRedSky will not be liable for any damage or loss incurred as a result of Member job seekers failing to maintain the confidentiality of their User name and password.
BigRedSky holds the job seeker responsible for any conduct or activity done by it.
If a job seeker knows or suspects that their User name has been used without their authorisation, that their password has become known to a third party, or any other security breach has occurred, they must alter the password immediately and notify BigRedSky.
Copyright © 2001-2007. BigRedSky Limited ABN 95 125 963 788