BigRedSky GENERAL TERMS & CONDITIONS
1. Description of BigRedSky Limited's BigRedSky (BRS) Services
BigRedSky Limited (BigRedSky) specialises in the development and delivery of eRecruitment 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 Client's to facilitate the advertisement of job vacancies, and to collect applicant responses into a database which is owned and accessed by that Client and /or it's specified employees (Recruiters). BRS products and their features are described at the following URL: http://www.bigredsky.com
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" link which is connected to the Client's own secure database within the BRS system, and stored on a server operated by BigRedSky Limited.
To use the services of BRS, the recruiting organisation (Client) has entered into an ASPLA (Application Service Provider Licence Agreement) with BigRedSky to purchase access to the BRS ASP and by doing so accepts the BigRedSky Terms & Conditions.
The material of BRS ASP is copyright (c) 2002-2007 BigRedSky Limited ABN 95 125 963 788 and its contributors, unless otherwise indicated. The material is protected by Australian copyright legislation and copyright legislation in other countries.
You must not reproduce, transmit, make available, modify, republish, upload, post, transmit, link to or distribute in any way any material from this Website, including code and software, without first obtaining the written permission of BigRedSky, or unless specifically permitted by the Copyright Act 1968 (Cth) or similar copyright legislation.
You must not use BRS ASP for any purpose that is unlawful or prohibited by these General Terms and Conditions.
3. 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 clients.
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.
4. Proprietary Rights
The services provided by BigRedSky, within a Client's 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.
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 shall 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.
5. Interference with BRS ASP
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.
6. Permission To Link To BRS ASP
You may not hyperlink to this website from another website not owned and operated by BigRedSky unless you first obtain the express written permission of BigRedSky which may be granted or withheld in BigRedSky 's sole discretion. A request for permission can be made by emailing us at firstname.lastname@example.org
7. Links To / From BRS ASP
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.
8. Accuracy of Information
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.
9. 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 the services of BRS ASP 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.
10. 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 ASP 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.
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.
11. Hosting Services
BigRedSky may elect to host BRS ASP 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.
12. Job Seekers Password and Login
Job seekers may elect to become a registered job seekers on a Client's BRS ASP powered database. This enables the job seeker to provide their details in various "profiles" to enable BRS ASP to match the skills and attributes to suitable jobs, and to alert the job seeker of those matches via email.
13. Recruitment Process
It is the responsibility of each Client 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.
14. Governing Law
These General Terms & Conditions shall be governed by and construed in accordance with the laws in force in Western Australia. In using the services of BRS ASP you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Western Australia and any courts that may hear appeals from those courts in respect of any proceedings in connection with the Agreement.
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:
(ii) 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 BRS ASP (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.
(iii) To the full extent permissible by applicable law, BigRedSky disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
(iv) 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 in BRS ASP, 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.
(v) 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.
(vi) BigRedSky will not be liable for any damages (including direct, indirect, special, consequential or incidental) if a job seeker using BRS ASP is unsuccessful in obtaining or maintaining employment from a recruiter for any reason.
(viii) 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. If a Member 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.