Terms & Conditions
Rision Limited ABN 52 076 549 945 (“Rision”)
End User Licence Terms and Conditions
IMPORTANT NOTICE: By installing, downloading, accessing or otherwise using the Application or any update or new version of the Application and the Data accessible via the Application provided by Rision via the Apple® App Store® or the Google Play ® App Store are deemed to have accepted these terms and conditions. If You do not agree to these terms and conditions, You must immediately exit the Application and delete all records on Your Device.
This Licence between You and Rision governs the use of the Application on Your Device.
Rision grants You a non-transferable and non-exclusive licence to use the Application for the duration of Your Subscription subject to the terms and conditions of this Licence.
You agree and acknowledge that:
- You may use the Application only on Your Device that You control and own;
- use of the Application is restricted to You;
- Apple is not a party to this Licence;
- You may access and use the Application on Your Device only for the Services; and
- You must not:
- alter, merge, modify or adapt the Application in any way, including, without limitation, disassembling or decompiling;
- loan, rent, lease or licence the Application or any copy; or
- transfer the Application, or any copy, in whole or in part, in any way, including but not limited to disassembling or decompiling, except as expressly provided for in this Licence.
The provision and subsequent use of the Application is subject to the reliability and availability of third party service providers including software providers and network service providers.
Rision will not be liable for any direct or indirect loss suffered by You, as a result of a reduced level of service caused by any third party.
Term and termination
The Licence granted by these terms and conditions will become effective upon installation of the Application and will continue to the earlier or the end of the Subscription term or until it is terminated in accordance with these terms and conditions.
Rision may at any time, and without prejudice to Rision’s other rights or remedies, immediately terminate the Licence granted to You in the event that You fail to comply with these terms and conditions.
Rision may suspend or terminate Your use of the Application at any time in its sole discretion.
If Rision terminates this Licence in accordance with these terms and conditions, Your access to the Application will automatically terminate and You agree to immediately uninstall and delete all copies of the Application and undertake not to attempt to access the Application or Data after the date of termination.
Should Rision terminate this License and You have a credit, Rision will remit the balance of Your account less an administration fee.
Your obligations under clauses 13,14,16, 17 and 18 survive the termination of this Licence.
In order to use Application You will need:
- a web browser and/or a smartphone; and
- to accept the terms and conditions of this Licence.
The Application is a platform that provides the following Services:
- JobMatch: a platform to match Candidates to Employers, allowing Employers the ability to review, select and engage Candidates through the making of an Offer;
- Roster: an interface for Employers to roster and manage Candidates;
- Last Minute: an interface to permit Employers to select Candidates with short notice; and
- TimeSheet: an interface that allows Candidates to log their hours worked.
Rision does not warrant that the Application will meet Your requirements or that the access, use or operation of the Application will be uninterrupted or error-free.
Service Fees will be payable in advance and on a monthly or annual basis and will be billed by Rision in the currency of the country within which the services are being provided and billed.
Rision reserves the right to vary the Service Fees at any time. Rision shall provide reasonable notice to You of such variations.
You agree to pay all Service Fees and other charges in connection with Your username and password for Your Rision account.
You must designate and provide information about Your nominated payment method (for example, credit card, online payment service or any other payment method made available by Rision). You may switch to a different payment method or update Your information by visiting your account or by contacting Rision.
You must pay for the Services that Rision provides You irrespective of whether You partly or wholly use those Services. You are still liable to Rision for full payment of the Service Fees if You do not provide Rision with all information required to for Rision to perform the Services.
You warrant that neither You, nor any institution that facilitates Your nominated payment method, will attempt to chargeback any Service Fees. No chargeback rights are available in respect of the Service Fees.
In the event that You incur additional Service Fees, those Service Fees must be paid to Rision within 14 days of the date of invoice. If You do not pay the Service Fees on time Rision may:
- charge You interest on the unpaid or overdue Service Fees; and/or
- terminate the License.
You may incur fees and charges from Your mobile service provider for downloading and using the Application, Any such fees and charges are Your sole responsibility and any matters regarding these fees and charges should be raised with Your mobile service provider.
You acknowledge that You are responsible for the following. Failure to do so may result in Rision restricting Your access to the Application:
- not leave Your Device unattended and left logged into the Application;
- lock Your Device or take other steps necessary to stop unauthorised use of the Application;
- notify Rision immediately if Your Device is lost or stolen;
- not allow any person access to the Application using Your Client Login Details;
- not act fraudulently or maliciously in relation to the Application. For example, You will not copy, modify, adversely effect, reverse engineer, hack into or insert malicious code into the Application; and
- only install approved applications on Your Device, and that You will not override the software lockdown on Your Device (i.e. jailbreak Your Device).
You acknowledge and agree that the Application includes Data and confidential information which is regulated by Privacy Laws. Rision has taken reasonable measures to ensure that the information contained, stored and used in the Application complies with the relevant Privacy Laws.
Employer- specific terms
The terms in this clause 7 apply exclusively to Employers using the Application, and are in addition to the other terms set out in clauses 1-6 inclusive and clauses 9-21 inclusive.
- You must ensure any Offer made via the Application complies with all applicable employment laws and regulations where You create and promote an Offer, as well as where the Candidate is employed.
- Discrimination in any form, whether it be for race, gender, age, sexual orientation or any other form is strictly prohibited and will not be tolerated. You are solely responsible for ensuring that there is no discrimination of any Candidates or in any Offer.
- Any Offer must be in respect of a genuine work opportunity, which exists at the time the Offer is made or will exist shortly thereafter. Rision may, at its sole discretion, conduct a review of an Offer to ensure that there is a real opportunity.
- You must ensure that the description of the Offer adequately details the nature of the Offer and remuneration of successful Candidates.
- You permit Rision to retain all applications and correspondence submitted in relation to an Offer.
- You agree that You will not use any Candidate or any other third party’s Data may not be used for any commercial purpose, including unsolicited contact.
Candidate- specific terms
The terms in this clause 8 apply exclusively to Candidates using the Application, and are in addition to the other terms set out in clauses 1-6 inclusive and clauses 9-21 inclusive.
- You agree that Rision:
- does not endorse or recommend Your profile to Employers and that, prior to applying for or accepting an Offer, You review and obtain independent legal advice on the Offer;
- provides no guarantee as to an Offer representing prospective employment or a vacant position.
- You are solely responsible for providing accurate Data to Rision or an Employer, and you agree that you will not provide any Data that may be misleading or deceptive.
- You agree that Your use of the Application does not provide a guarantee that You will receive an Offer.
- Rision may provide a template or model to assist You with the input of any Data. You agree that the template or model is merely a suggestion and is not employment advice.
- You warrant and agree that:
- You have the legal capacity and power to agree to be bound by this License;
- You will only use the License in accordance with the laws of the country in which You are a resident or from which You access or use the Application;
- (in the event that You are a minor) Your guardian consents:
- to the terms of this License; and
- to Your use of the Application.
- You agree and acknowledge that Rision acts as a platform to provide and facilitate the Services and that Rision is not, and does not hold itself out to be, an agent, related party or contractor of the Employer and that Rision is not a party to any employment arrangement between the Candidate and Employer. A Candidate’s acceptance of an Offer posted by an Employer in the Application is subject to the Employer’s review of the Candidate’s Data. The Offer is not an offer to contract and an Offer is not binding on an Employer or Candidate until such time as the Employer accepts the Candidate’s response.
- You agree not to use the Application to:
- harm minors in any way;
- impersonate any person or entity, including but not limited to, a Rision officer, guide or host, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- interfere or disrupt the Application or servers or networks supporting the Application;
- intentionally violate any applicable laws;
- make available any:
- Data that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Data that You do not have a right to make available under any law or under any contractual or fiduciary relationships;
- Data that infringes any Intellectual Property rights of any party;
- unsolicited or unauthorised advertising, promotional materials or any other form of solicitation; and
- material that contains any software or computer code, whether malicious or not.
- You agree not to access the Application through any automated means (including, but not limited to, the use of scrapers and bots) and You will not mask or disguise Your access and use of the Application.
- Rision will use reasonable efforts to ensure that Your Data is updated in accordance with Your instructions in the shortest possible time.
- Rision warrants that it will not provide any unsolicited or unauthorised advertising, promotional materials or any other form of solicitation where you have elected to opt out of such communication.
- Rision adopts the opt out standards issued by the National Advertising Initiative in respect of Internet Based Advertising.
Protection and Security
- You agree to use Your best efforts and to take all reasonable steps to safeguard the Data You submit and access through the Application.
- You also agree to notify us immediately if You suspect that the Application or Data are being used in an unauthorised manner.
- You may only access and utilise the functions of the Application by entering Your Client Login Details on the start-up screen of the Application.
- It is Your responsibility to keep the Your Client Login Details secret and for security reasons You must not:
- disclose Your Client Login Details to any person;
- allow any other person to access the Application on Your Device using Your Client Login Details;
- allow any person to see, or overhear You providing Your Client Login Details;
- record Your Client Login Details anywhere that is liable to loss, theft or abuse; or
- use the Application on more than one Device at the same time.
- You accept responsibility for all activity that occurs in relation to Your Client Login Details or from Your Device. Rision is not liable for any loss to You as a result of You disclosing Your Client Login to any person whether such disclosure is wilful or otherwise.
- For further security protection, Rision recommends that You activate and use Your Apple Device’s:
- “Find my iPhone“, “Find my iPad“, or analogous applications and functions to enable You to locate, and or remote wipe Your Apple Device; and
- security functions and ensure access to Your Apple Device is protected by a PIN code.
- Rision is not liable for any loss as a result of Your Device being lost or stolen or used by another person regardless whether You implement the further security protection option referred to in clause 11.6.
- Rision does not guarantee absolute security of Your Client Login Details, Your Data or any other information You provide, and Rision does not promise that its security measures will prevent illegal access to the Application or the Data.
Consent to use of Data and Device functions.
- You understand that all Data, whether publically posted or privately transmitted on or in connection with the Application is the sole responsibility of the user generating the Data.
- Rision does not control or monitor the Data nor does Rision guarantee the accuracy, integrity or responsibility of such Data.
- Rision will not be liable for any Data, including, but not limited to erroneous or misleading Data, or loss or damage caused by use or reliance of Data in connection with the Application.
- You agree that Rision and its related entities may collect and use the Data that is gathered periodically to facilitate the Application, this Licence and other services provided by Rision to You related to the Application, and to verify compliance with the terms of this License.
- Rision may use this information, as long as it is collected in a form that does not personally identify You, to:
- manage internal reporting requirements;
- aggregate information about use of the Application;
- analyse user’s behaviour; and
- provide and improve Rision’s products and services.
- If You have opted in and have Location Services turned on, the location of Your device may also be sent to help Rision.
- Rision may provide rely upon various functions of Your Device including location information to provide and improve the Services. If You choose to prevent the Application from accessing any function of Your Device via Your Device’s privacy settings or via other means, You may not have access to the full functionality of the Application.
- By using the Application, You agree and consent to Device’s and its partners’, licensees’ and third party developers’ access, transmission, collection, maintenance, processing and use of the required functions of Your Device as well as Your Data to enable Rision to provide and improve the Application.
- You may withdraw Your consent given in clause 12.8 at any time by deleting the Application and all records of the Application from Your Device.
- You acknowledge that withdrawing Your consent provided in clause 12.8 will affect the use of and various functions of the Application and may make the Application inoperable.
- Unless permitted by law or as otherwise expressly permitted in this Licence, You must not, nor must You authorise any other person to:
- You acknowledge that:
- Rision owns all of the Intellectual Property Rights and other proprietary rights that subsist in or related to the Application, including, without limitation, the Application’s design, text, graphics, all software compilations, underlying source codes and software (including applets) or the Data accessed through the Application;
- subject to this Licence, no right to, title to or interest in any Intellectual Property Rights that subsist in the Application is granted to You under this Licence.
- any and all goodwill in the Application arising from this License is for the exclusive benefit of Rision; and
- nothing, including this Licence, effects Your performance of Your obligations nor does it give You any interest in, right or title to the goodwill of the Application.
- Rision holds and is able use, license and exploit all aspects of to the Application including, without limitation, all Intellectual Property Rights subsisting in the Application.
- use any part of the Application for any commercial gain other than explicitly provided for under this Licence;
- reproduce, copy, download, scrape, store, publish, transmit, transfer, communicate, distribute, disseminate, sell, rent, lend or otherwise use the Application, or any part (including all images, trade marks and brands) in any form or by any means;
- modify or make any alterations, additions or amendments to any part of the Application;
- reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Application or reproduce all or any portion of the said components;
- remove, alter, circumvent or tamper with any trade marks, copyright notices, copyright protection devices, disclaimers or other legal notices; or
- use the Application in any way which infringes on any Intellectual Property Rights that subsist in the Application.
- Subject to any statutory exceptions under Copyright Law all other uses of the Application and the content published in the Application is strictly prohibited.
- You fully indemnify Rision against any claims, liabilities, proceedings, losses (including consequential losses), damages, costs and expenses (including legal costs on an indemnity basis) that Rision may suffer as a result of any breach by You of any obligation or warranty contained in this clause 13.
- Rision provides no warranty to You that the Application will operate uninterrupted and error free. Where this limitation on warranty is unable to be excluded (Non-Excludable Condition) Rision’s liability for any breach of such Non-Excludable Condition will be limited to the maximum extent permitted by law.
- Where the Services supplied by Rision are services other than services of a kind ordinarily acquired for personal, domestic or household use or consumption, Rision’s liability for failure to comply with a consumer guarantee that You may have the benefit of is limited to, at the option of Rision:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
Limitation of liability
- To the fullest extent allowed under any applicable law except for liability for any Non-Excludable Condition, in no event will Rision be liable for any indirect loss, consequential loss, loss of profits, loss of revenue, loss of goodwill, exemplary damages, punitive damages or special damages in connection with or arising out of Your use of the Application, the accuracy of the data contained in the Application, any breach of this Licence and any negligence in Rision performing its obligations under this Licence.
- Rision is not liable for any errors in Data generated or approved by You.
- You agree to indemnify, defend and hold Rision harmless against any claims, liabilities, proceedings, losses (including consequential losses), damages, costs and expenses (including legal costs on an indemnity basis) incurred by Rision in connection with:
- Your use of the Application (including, without limitation, any use an expired or non current version of the Application);
- breach of this Licence;
- any modification of the Application You make;
- where the information accessed using the Application was not provided by Rision;
- Your use of the Application in conjunction with other products or services that are not supplied by Rision (other than as stated in this Licence); or
- any other fraudulent, negligent or wrongful act or omission by You.
- The Application requires You to submit and access Data that is likely to contain Personal Information.
- You may, at any time, request that Data be anonymised to the fullest extent possible, however, any such requests may cause the Application to not operate as originally intended.
- Personal Information is confidential between You, Rision and the individual to whom the Personal Information relates.
- We will:
- not use any Personal Information for any purpose other than for the purposes of providing the Services to You;
- take all reasonable steps to ensure the security of the Personal Information;
- undertake any necessary organisational measures to prevent any unauthorised modification, misuse, loss or disclosure of Personal Information; and
- comply with all Privacy Laws relating to the collection, use and disclosure of Personal Information.
- You must only use Personal Information obtained through the Application in relation to employment of a Candidate.
- You must not disclose any third party, affiliate, related party, Candidate or Employer any Personal Information which You have obtained through Your use of the Application, irrespective of whether You have received a financial benefit from such disclosure.
- If Rision believes that You have misused Personal Information or Data for any reason, Rision may:
- immediately terminate Your Subscription or suspend Your use of the Services;
- report the contravention to the relevant authorities, including the Privacy Commissioner; and/or
- take legal action against You.
Changes to the Licence
- Rision may change this Licence at any time.
- Rision will notify You of any changes by:
- posting information on www.rision.com; or
- emailing written or electronic notice to You (including via Your Mobile Device).
- You may not assign or transfer Your Licence.
- You agree to comply with all applicable laws. You undertake to ensure that You and each and every user of the Application reads and understands the provisions of this Licence prior to using the Application and complies with the provisions of this Licence. You hereby acknowledge and agree that You will be liable to Rision for any breach of the provisions of this Licence by any such user.
- In relation to this License, no delay or failure to act will be construed as a waiver of or in any way prejudice, any of our rights and no waiver will be effective unless it is in writing. A waiver or a breach will not waive any other breach.
- Notwithstanding that any provision of this Licence may prove to be invalid or unenforceable, it is to be read down or severed to the extent of the invalidity or unenforceability and it does not affect the validity of the remaining provisions of this Licence which shall continue in full force and effect.
- A person or entity who is not a party to this Licence shall have no right to enforce any term of this Licence.
- You acknowledge that You have read this Licence and understood and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between You and Rision, which supersedes any proposal or prior Licence, oral or written, and any other communication between You and Rision relating to the subject matter of this Licence. In the event of any inconsistency between the provisions of this Licence and any other agreement between You and Rision, the provisions of this Licence will prevail and You acknowledge that Rision will not send You a paper copy
- This Licence is governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
- All disputes, claims or actions relating to this Licence must be resolved by the relevant parties by mediation in good faith. The relevant parties must refer the dispute, claim or action to mediation administered by the Australian Commercial Disputes Centre within 7 days of the dispute, claim or action arising. The Australian Commercial Disputes Centre must mediate the matter within 7 days of the referral.
- A the dispute, claim or action cannot be the subject of litigation until the provisions clause 20.8 have been satisfied (except where a party seeks urgent interlocutory relief from a court, in which case that party does not need to comply with clause 20.8 before seeking such relief).
Apple means Apple Inc, and its subsidiaries.
Apple App Store means the online store for Apple applications for Apple Devices.
Application means the application developed by or for Rision and provided for use on a smartphone Device in accordance with this Licence relating to access to the Services in provided to Your Subscription, including some (or all, as the case may be) of the Services and includes any updates to the application from time to time and includes without limitation the Application’s design, text, graphics, all software compilations, underlying source codes and software (including applets) or the information accessed using the Application.
Candidate means a person who uses the Application to apply for, maintain or organise employment with an Employer, and includes, without limitation, a Candidate whose acceptance of an Offer has been accepted by the Employer making that Offer.
Consumer Law means the Competition and Consumer Act 2010 (Cth) and includes any other applicable law.
Copyright Law means the Copyright Act 1968 (Cth) and includes any other applicable law.
Client Login Details means the username and password that is unique to You which is used to access the functions of the Application.
Data means any information, whether raw or aggregated, which You may have access to through the Licence, Your use of the Application and the Services, including content or information that third parties can retrieve from Rision or provide to Rision through the Application.
Device means any device which is compatible with the Application, including, without limitation, the iPhone, the iPad, and the iPod.
Employer means a person or entity that uses the Application to employ, engage or manage a Candidate.
Intellectual Property Rights means without limitation all means all rights, other than the intellectual property rights of Apple in any patent, trade mark, trade name, business name, company name, copyright including Moral Rights and analogous rights, registered design or other design rights or circuit layout right, know-how, confidential information or proprietary information or any similar rights of intellectual property, and any applications for, or rights to obtain or acquire, and any such rights and includes all services, software, applications, and in the material published on it (including, without limitation, its look and feel, brands, logos and trade marks, information, graphics, photographs, content, images, sounds, voice, music, video, audio, text, layout, logos, button icons and the compilation and organisation thereof, and all intellectual property rights contained therein) that exist anywhere in the world under statute, common law or in equity and whether or not registered.
Licence means the Licence granted by Rision pursuant to clause 1.2.
Moral Rights means rights of integrity, rights of attribution and other rights of an analogous nature which now exist or which may exist in the future, including, without limitation, moral rights under Copyright Law.
Offer means the advertisement or post made by the Employer to Candidates via the Application, and must include the details set out at clause 7.4. Candidates may receive and accept an Offer based on the Data the Employer receives on the Application.
Personal Information has the meaning given to that expression under Privacy Laws.
Privacy Laws means the Privacy Act 1988 (Cth) as amended or replaced from time to time and includes all amending and resulting acts and regulations.
Rision means Rision Pty Ltd ABN 52 076 549 945.
Service Fees means the fees payable by You in relation to the Services.
Services means some or all of the services set out in clause 4.1 offered by Rision through the Application in accordance with Your Subscription.
Subscription means Your subscription to the Services.
You, Your means the Licensee of the Application and includes both the Employer and Candidate.
Should You have any questions concerning this Licence, please write to Rision through our Contact Us page.