Employer Terms and Conditions

In using this website you are deemed to have read and agreed to the following terms and conditions.  Once you agree to the Terms and Conditions, they are binding on you.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:"Client", “You” and “Your” refers to you, the person accessing this website and accepting the HealthyPeople terms and conditions. "HealthyPeople", "FITREC", “Ourselves”, “We”, "Us" and “Our”, refers to HealthyPeople Recruitment Pty Ltd. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. 

Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Please read this agreement thoroughly before accessing or using the information and services available through the website ("Site"). By accessing or using the Site, you agree to be bound by the terms and conditions below. HealthyPeople may modify this agreement at any time, and such modifications shall be effective immediately upon posting the modified agreement on the Site.

Employers who use the HealthyPeople Site and Our services must accept and adhere to the Employer Terms and Conditions . Professionals who use the HealthyPeople site and Our services must accept and adhere to the Professional Terms and Conditions. HealthyPeople also has a comprehensive Privacy Policy for users of the Site.

Copyright and Trademarks

All copyright, database rights and other intellectual property rights in the site and the material available on the site belongs to HealthyPeople Recruitment Pty Ltd (ABN 71 132 432 190)  or its third party suppliers, unless otherwise indicated. Use of the site does not give you any proprietary rights in such materials and you agree not to infringe any intellectual property rights owned by HealthyPeople Recruitment Pty Ltd.

Downloading of material from this Site for your personal, non-commercial use is permitted provided you keep intact all copyright and other proprietary notices.

Absolute security of your Information not guaranteed

While HealthyPeople takes all due care in ensuring the privacy and integrity of the information you provide, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. Therefore, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on HealthyPeople systems or on HealthyPeople's Site. When you transmit information via the Internet, your information will be transmitted over a medium that is beyond our control, and therefore the security of the transmission may be compromised before it reaches us.

HealthyPeople makes no guarantee as to confidentiality or security of your information and disclaims all liability to you to the greatest extent possible pursuant to law should this occur. You understand and agree to expressly and solely assume the risk of any unauthorised disclosure or intentional intrusion, or of any delay, failure, interruption or corruption of data or other information transmitted in connection with your use of HealthyPeople online services.

No guarantees or endorsements of sites or services we link to or that link to us

HealthyPeople provides links and other pointers to Internet websites operated and maintained by third parties. These linked websites are not under the control of HealthyPeople, and HealthyPeople is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. HealthyPeople is providing these links to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked site by HealthyPeople. HealthyPeople is not responsible for the copyright compliance of any linked site. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.

Service availability

HealthyPeople endeavour to ensure continuous availability of the site and all the services available on it but accept no responsibility for the consequences of interruptions or delays, however caused. We may, additionally, alter the design and specification of the site at any time.

HealthyPeople gives no guarantee to you that files available for downloading through the Site or delivered via electronic mail will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You understand that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output.

HealthyPeople reserves the right at all times without the need to have to provide any notice to you, to alter the functionality and/or appearance of products and services available from HealthyPeople or the Site itself, including but not limited to advertisements on the Site.

Limitation of liability

The use of this service is entirely at your own risk, and in no event shall HealthyPeople be liable for any loss or damage suffered by you as the result of your use of the Site. HealthyPeople excludes all liability for damages arising out of or in connection with your use of the Site, including without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected. Your sole and exclusive remedy for dissatisfaction with the HealthyPeople Site or our services is to stop using the Site and services.

Browser policy

HealthyPeople supports the current and most recent  versions of all popular browsers, and follows the HTML 4.01 (loose) and CSS 2.1 W3C standards. If your browser is not supported, you may still be able to access our site, but you may encounter some display problems.

Cookies

Like most interactive web sites HealthyPeople uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Governing law

HealthyPeople and these terms and conditions are governed by the laws in Victoria, Australia and you irrevocably submit to the jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in Victoria.

Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.

TERMS AND CONDITIONS

Users of the FITREC site agree to be bound by the following Terms and Conditions. Once you agree to the terms and Conditions, they are binding on you.

HealthyPeople may vary these Terms at any time. If HealthyPeople varies these Terms, it will provide notice by publishing the varied Terms on the Site. You accept that by doing this, HealthyPeople has provided you with sufficient notice of the variation to its Terms.

Information does not represent professional advice

Services and information provided on the site by us and our third party suppliers are intended to assist in the job seeking or recruitment process. Neither we nor our third party suppliers can guarantee their suitability or prospects of success in any particular case. You should obtain independent verification before relying on information provided on the site in circumstances which may result in loss or damage.

You acknowledge and agree that information published by HealthyPeople is intended to provide general information in summary form on legal and other issues.

HealthyPeople does not endorse or recommend any of the jobs, business or self-employment opportunities advertised on its Site and HealthyPeople strongly recommends that prior to entering into any agreement with any of the Employers on the Site, that you obtain your own independent legal, accounting, financial or taxation advice as appropriate.

It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the Internet generally. In no event will HealthyPeople be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Site.

Liability
  • Our limitation of liability under these Terms applies to direct, indirect, consequential, special, punitive or other damages that you or others may suffer, as well as damages for loss of profit, business interruption or the loss of data or information, even if we are informed of their possibility.
  • The employer indemnifies HealthyPeople, its officers, employees and agents against all claims, actions, suits, liabilities, costs and expenses on any account by HealthyPeople as a result of the listing or proposed listing of any advertisement by an employer on the HealthyPeople site, or any related site.
  • HealthyPeople accepts no responsibility or liability for any errors in your job advertisement or Employer Profile and requests the employer check both their advertisement and Employer Profile for errors as soon as they have been listed on the HealthyPeople Site. HealthyPeople agrees to use reasonable efforts to publish advertisements in the shortest possible time.
  • HealthyPeople is not liable for any loss or damage incurred by an employer as a result of any failure or delay in listing an advertisement.
  • All employers must adhere to the principles of truth in advertising Codes of Practice.
  • HealthyPeople reserve the right to either reject or remove any advertisement from it site for any reason whatsoever.
  • Employers must ensure that all advertisements posted to the HealthyPeople Site comply with all applicable legislation, regulations, by-laws, ordinances or codes of conduct, including but not limited to the Trade Practices Act 1974 (Commonwealth), the Fair Trading Acts in all applicable States and Territories and the Human Rights and Equal opportunity Commission Act 1986.
  • Employers take full responsibility for any decision offering employment or any other opportunity to any Jobseeker.
Intellectual Property Rights

HealthyPeople retains all intellectual property rights subsisting in any of the goods and services provided to you by HealthyPeople or FITREC.

You are responsible for your login details

To become a registered user, you agree to provide a password and an email address (login name). You are entirely responsible for maintaining the confidentiality of your password and login name. Furthermore, you are entirely responsible for any and all activities that occur under your login name. You may change your password at any time by following instructions. You may also change your login by contacting HealthyPeople directly. You may delete your registration, or services attached to your registration, at any time.
  • You agree to immediately notify HealthyPeople of any unauthorised use of your account/login name or any other breach of security known to you.
  • HealthyPeople reserves the right to either reject or remove any subscriber at any time
  • You authorise HealthyPeople to retain this information until such time as you either unsubscribe or are removed by HealthyPeople.
  • Unless we obtain your prior consent HealthyPeople will not provide your details to any third party.
  • HealthyPeople will use your email address to provide you with information including but not limited to  vacancies on HealthyPeople, HealthyPeople services and general career advice. The timing, frequency and content of this information can be altered by you in your account settings but is ultimately at the discretion of HealthyPeople.

Payment


Prices are set by HealthyPeople and may vary without notice.

Where a fee is payable Goods and Services Tax (GST) is applicable to all employers in Australia.

You are obliged to pay for the services that HealthyPeople agrees to provide you with regardless of whether you utilise or fully utilise those services. If you do not provide HealthyPeople with the necessary materials or information for HealthyPeople to deliver these services to you, you are still liable to HealthyPeople for full payment.

All amounts owing to HealthyPeople must be paid within 7 days of receipt of invoice.

Where HealthyPeople has not been paid in accordance with its invoice terms, HealthyPeople reserves the right to refer the unpaid invoice(s) to a Collection Agency. Additional charges, including liquidated damages, will apply where HealthyPeople refers any unpaid invoice(s) to a Collection Agency.

HealthyPeople also reserves the right to suspend or cancel any or all services on the unpaid account without notice.
HealthyPeople may charge you an administration fee on late payments.

You agree that pursuant to the Privacy Act 1988 (Commonwealth), HealthyPeople may obtain from either a credit reporting agency or other credit providers personal credit information about you and/or your directors or a consumer credit report about you for the purpose of collecting overdue payments relating to commercial credit owed by you.

You agree that, subject to HealthyPeople’s Privacy policy, HealthyPeople may disclose this information to a credit reporting agency or any other interested person.

Your Obligations

You warrant and agree that:
  • you have the legal capacity and power to agree to be bound by these Terms and perform the obligations under it;
  • advertisements and other works posted on the Site do not breach the intellectual property rights of any third party;
  • all files delivered to HealthyPeople will be free of infection or viruses; and
  • you will not use the Site for any illegal purpose.
You may not assign or transfer any rights and obligations pursuant to this agreement to any other person or entity without HealthyPeople's prior written approval (which will not be unreasonably withheld). If you are a company, any change in your effective control shall be deemed an assignment for the purpose of this clause.

You indemnify and will keep indemnified HealthyPeople, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by HealthyPeople in connection with:
  • any breach of these Terms by you;
  • any negligent act or omission by you;
  • the listing or proposed listing of any advertisement by you on the Site or any related site; or
  • an actual or alleged breach by you of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs a consequence of the your advertisement appearing on the Site.
You agree at all times to deal with any information or products provided by HealthyPeople or accessed from the Site in a manner which abides by all applicable laws of Australia, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software.

You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this Site for establishing, maintaining, advancing or reproducing information contained on our Site on another website or in any other publication, without HealthyPeople’s prior written approval.

You may not use the Site to ask or require any candidate to pay a fee, charge, cost or any money whatsoever to apply for any job advertised on the Site whether such fee, charge, cost or money is asked or required of the candidate in the job advertisement itself or in any communication with the candidate that takes place as a result of a job advertisement placed on the Site.

You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to HealthyPeople without HealthyPeople's prior written approval.

Any advertisements acquired by you from HealthyPeople must not be on-sold or supplied by you to third parties unless you are a media buyer (as approved by HealthyPeople) whose primary business it is to acquire media on behalf of third parties or unless you are a job recruiter and supply job recruitment services in conjunction with the advertisements acquired by you from HealthyPeople.

Where you have breached your obligation under this clause HealthyPeople will charge you the difference between HealthyPeople’s then current casual advertising rate and the price charged by HealthyPeople to you for all of the advertisements sold or supplied by you in contravention of this term.

Governing law

HealthyPeople and these terms and conditions are governed by the laws in Victoria, Australia and you irrevocably submit to the jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in Victoria.

Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.