Disclaimer and Waiver - Big Umbrella

APPLICATION
1. This Disclaimer and Waiver applies to the provision of Services by Lasim Pty Ltd (ACN 142 633 958) trading as Big Umbrella (we, us, our, Lasim) to you, including all information, tools and Services available from https://bigumbrella.com.au/ (our Site). By visiting our Site, paying for, accessing, or using our Services, as defined below, you confirm that you have read, understood and agreed to the terms of this Disclaimer and Waiver. You understand that you are giving up substantial rights. You further acknowledge that by participating in the Services you agree to this Disclaimer and Waiver freely and voluntarily.
2. If any portion of this Disclaimer and Waiver is deemed by a court to be invalid, then the remainder of this Disclaimer and Waiver is to remain and the invalid provision (or provisions) removed.
DEFINITIONS
1. For the purposes of this Disclaimer and Waiver:
  1. Claim means any claim, counter claim, cross claim, action, proceeding, application, complaint, course or action, judgment, or demand.
  2. Candidate means anyone who is seeking a position through us, or anyone who might consider seeking a position through us, or any person about whom we are able to provide relevant information regarding that person’s suitability for a Placement.
  3. Placement means the filling of a position that you require to be filled.
  4. Losses means any kind of loss, cost, expense, charge, damage, liability for death or personal injury caused by negligence or breach of this agreement, including but not limited to legal costs.
  5. Services means the provision of recruitment services in relation to permanent and temporary Placements of Candidates for full-time, part-time, casual and contractor positions, including:
    1. advertising jobs on our Site;
    2. sourcing and matching Candidates to the instructions you provide us;
    3. screening applicants via interviews;
    4. providing you with profiles of recommended Candidates;
    5. arranging interviews between you and the Candidates;
    6. conducting reference checks as provided by Candidates;
    7. providing you with a Replacement Candidate, if applicable, subject to our Terms of Business; and
    8. any other services offered in the future.
DISCLAIMER
1. You acknowledge and agree that each Service offering may have different terms, prices and fees as described in the Terms of Business, or on our Site, or as contained in any contract entered with you and us for those Services.
2. We provide our Services on an “as-is” and “as available” basis and whilst every effort is taken to ensure suitable Candidates are introduced to you we make no warranty or representations and give no guarantees about the currency, suitability, reliability, availability, timeliness and/or accuracy of our Services or information displayed on our Site, for any particular purpose, nor do we assume any liability whatsoever arising out of the application or use of our Site and of any Service. It is your responsibility to independently determine suitability of any Service and information displayed on our Site and to test and verify the same.
3. You acknowledge and agree that we do not guarantee that you will find a suitable Candidate to fill the position. Nothing in our content or our Disclaimer and Waiver is a promise or guarantee that you will find a suitable Candidate. Any information given or published online or in print (including testimonials and case studies) is purely based on experience and is for illustrative purposes only and are not to be taken as a guarantee that you will achieve the same or similar results.
4. You acknowledge and agree that we, our employees, affiliates and representatives are not responsible for decisions that you may make, or for any consequences, undesired or otherwise, that may flow from your engagement of the Services or from the use of our Site. We are also not liable for any damages that may arise out of such a decision at any time.
5. Any timelines or delivery dates are provided by us on an estimated basis only. We make no guarantee that these timelines or delivery dates will be met as there may be intervening factors beyond our control, and we are not responsible for any delay in the delivery of our Services.
6. You acknowledge that you are solely responsible for the preparation of a suitable legal agreement with the Candidate and for ensuring that the Candidate is provided with all workplace contractual documentation including but not limited to all confidentiality/non-disclosure agreements and any applicable workplace policies. You acknowledge that you will seek independent legal and financial advice prior to the Placement of the Candidate and at all times thereafter.
7. You acknowledge that it is at your sole discretion whether or not to share any confidential information about your business with the Candidate. You acknowledge that there are inherent risks associated with providing confidential information to any Candidate, employee, contractor and that we are not responsible for any breach of the confidential information provided or fraudulent activity by the Candidate.
8. You acknowledge that we are not responsible in any way for the performance of the Candidate during the term of the Candidate’s employment with you.
9. We shall not be liable, under any circumstances whatsoever, for any Loss of business, profits or goodwill, Loss of use or data, interruption of business, or for any indirect, special, incidental or consequential damages of any character, that result in any way from your hiring of a particular Candidate or your use or inability to use our Services.
10. With respect to our referral program, you acknowledge and agree to the following:
  1. In providing a referral to us, you have obtained permission to do so (whether written or oral). This includes permission to provide us with a CV;
  2. We make no guarantee that a role will be found after providing a referral to us; and
  3. We will only offer you a $500 cash transfer subject to the placement of your referral in a permanent role within 3 months of your referral.
11. Any links to other websites on our Site, which are not operated by us are not controlled by us and we accept no responsibility for them or any loss or damage that may arise from your use of them. Your use of any linked sites will be subject to the terms of use and service contained within each such site. We are not liable for your reliance on any information contained within such sites, whether or not there are inaccuracies or changes in content.
WAIVER AND RELEASE OF LIABILITY
1. You understand, acknowledge and agree that Lasim, our principals, partners, agents, employees, officers and representatives are not responsible for decisions that you may make or losses that may arise out of any decision made by you arising from the use of our Services.
2. In consideration of your use of our Services, you release, waive, acquit and forever discharge Lasim, any agents, successors, assigns, personal representatives, executors, contractors, suppliers, affiliates, heirs and employees from every claim, suit action, demand or right to compensation for damages you may claim to have or that you may have arising out of acts or omissions by yourself or by Lasim as a result of the Services we provide (including personal injury and negligence).
3. You also acknowledge that we are not in any way responsible for any loss or damage of personal and workplace property arising in connection with our Services.
4. This Disclaimer and Waiver shall bind your heirs, executors, personal representatives, successors, assigns, and agents.