Terms & Conditions

GENERAL TERMS AND CONDITIONS

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any other Agreements: “Client”, “Your” and “Your” refers to you, the person using this website and accepting these Terms and Conditions. “HealthyPeople”, “FITREC”, “Ourselves”, “We”, “Us” and “Our” refers to HealthyPeople Recruitment Pty Ltd (ACN 132 432 190). “Party”, “Parties” or “Us” refers to both the Client and HealthyPeople or either the Client or HealthyPeople. “Site” refers to the website of HealthyPeople (being, https://www.healthypeople.com.au) or FITREC (being, https://fitrec.org/) as the context permits. 

Please read these Terms and Conditions thoroughly before accessing or using the information and services available through the website (“Site”). This Site is offered to you conditional upon your acceptance of these Terms and Conditions and associated Privacy Policy. Employers and Advertisers who use the HealthyPeople Site and Our services must also accept and adhere to the Employer Terms and Conditions below. Professionals who use the Healthy People Site and our services must also accept and adhere to the Professional Terms and Conditions. Professionals include all people using the Site working in the fitness industry who do not use the Site’s Employer services.  

Your use of and access to this Site constitutes acceptance. 

If you access this Website from outside Australia, you are also responsible for ensuring compliance with all applicable laws in the place where you are located.

1. Amendments 

We may modify the Terms and Conditions at our discretion and without notice. Any such modification to these Terms and Conditions A will be effective immediately upon posting the modified agreement of the Site. By continuing to use our Website you accept the Terms of Use as they apply from time to time.

2. General Intellectual Property

All copyright, trademark rights and other intellectual property rights in the Site and the material available on the Site belongs to HealthyPeople or its third party suppliers, unless otherwise indicated. Use of this Site does not give You any proprietary rights in such materials and you agree not to infringe any intellectual property rights owned by HealthyPeople. 

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any content on the Site may in any form or by any means (including electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system, transmitted or reproduced on any other Internet website without the prior written permission of the copyright owner.

Without limiting the above, HealthyPeople grant you permission to do the following with the content on the Site unless otherwise indicated:

  1. store a reproduction of the content on your local computer for the sole purpose of viewing it
  2. print hard copies of the content for non-commercial use or personal use only
  3. reproduce or distribute any complete page of the content so long as
    1. you do not reproduce or redistribute less than a complete page, or, where a document consists of more than one page, less than the complete document;
    2. you do not modify the copy from how it appears on the Site (unless expressly authorised by HealthyPeople); and
    3. the content is appropriately attributed to HealthyPeople. 

3. Third Party Material 

HealthyPeople makes no warranties or representations that third party material on this Site does not infringe the intellectual property rights of any person anywhere in the world. HealthyPeople is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other sites by linking this Site to such material on other sites.

4. Trademarks 

Trademarks including but not limited to the words ‘HealthyPeople’, unless otherwise indicated, are owned by the director of HealthyPeople in Australia. You must not use the HealthyPeople trademarks except: (i) permitted by the copyright notice above; (ii) as permitted by written agreement from HealthyPeople.

This Site may contain trade marks or logos of other companies or organisations and these are proprietary to the registered owner(s) of such marks.

5. No Guarantee or Endorsements of Sites of 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 are not responsible for the contents of any linked website or any link contained in a linked website. HealthyPeople make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material or advertising on external sites to which this Site is linked. 

HealthyPeople are providing these links to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by HealthyPeople. HealthyPeople is not responsible for the copyright compliance of any linked website. 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. 

6. Anti-spam notice

Publication of electronic addresses on the Site is for the purpose of professional communication only and must not be used to infer consent by HealthyPeople or the relevant addresses, to the receipt of unsolicited commercial electronic messages.

7. Security of Information

While HealthyPeople takes al 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. The possibility exists that this information could be unlawfully observed buy a third party while in transit over the internet or while store on HealthyPeople’s systems or on the 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 make no guarantee as to confidentiality or security of your information and disclaims all liability to you to the greatest extent possible under the 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. 

8. Content on this Website

Material or information on this Site is not advice and is subject to change and may include technical inaccuracies or typographical errors. HealthyPeople does not warrant the accuracy, completeness or adequacy of the content in this Site. We recommend you make your own enquiries before entering any transaction on the basis of the content on this Site

9. 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 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. 

10. Limitation of Liability 

HealthyPeople (i) make no warranties or representations about this Site or any of the content (being information on the Site); (ii) accepts no responsibility for any loss suffered by you or anyone else in connection with the use of this Site or any content displayed on the Site; (iii) does not guarantee that this Site, files available for download or other electronic mail will not cause damage or is free from viruses or any other defects or errors. HealthyPeople excludes, to the maximum extent permitted by law, any liability which may arise as a result of the use of this Site or the content on it. Where liability cannot be excluded, any liability incurred by HealthyPeople in relation to the use of this website or the content, is limited as provided under the Australian Consumer Law (s.64A).

Under no circumstances will HealthyPeople be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to the content. This includes, but is not limited to, the transmission of any computer virus or any other defects or errors.

HealthyPeople shall not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use, of, or reliance on, any content, goods or services available on external sites. Any concerns regarding an external link, should be directed to its responsible site administrator or webmaster.

11. Indemnity 

You agree to indemnify, defend and hold harmless HealthyPeople, its officers, employees and directors from any claim, loss, liability, demand, damage or expenses (including legal costs on an indemnity basis) asserted by any third party due to or arising from or in connection with your use of the content on the Site, or your conduct on this Site, or messages posted or transmitted by you on or through this Site. HealthyPeople reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations. 

12. Invalid Terms and Conditions

In the event that a Court of competent jurisdiction determines that any or any part of the terms contained in these Terms and Conditions are invalid, unlawful or unenforceable, then such term/s shall be severed from the remaining terms to the extent of their invalidity, unlawfulness or unenforceability.

13. Relationship

These Terms and Conditions do not create a relationship of employment, agency or partnership between the parties. 

14. 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 these Terms and Conditions will not end those provisions that are capable of surviving the end of the Terms and Conditions. 


EMPLOYER TERMS AND CONDITIONS 

Employers and advertisers on the HealthyPeople Site agree to also be bound by the following Terms and Conditions. 

1. Information does not Represent Professional Advice  

Services and information provided on this Site by HealthyPeople 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. You acknowledge that information on the Site does not constitute legal or financial advice. 

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 Professionals, Employers or advertisers 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.

2. Liability and Indemnity 

HealthyPeople’s limitation of liability under these Terms and Conditions 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 HealthyPeople are informed of their possibility.

HealthyPeople:

  1. 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 Site. HealthyPeople agrees to use reasonable efforts to publish advertisements promptly;
  2. Is not liable for any loss or damage incurred by an Employer as a result of any failure or delay in listing an advertisement;
  3. Reserve the right to either reject or remove any advertisement from its Site at its discretion.

The Employer:

  1. Indemnifies HealthyPeople, its directors, employees and agents against all claims, actions, suits, liabilities, costs and expenses (including legal costs on an indemnity basis) relating to or as a result of the listing or proposed listing of any advertisement by the Employer on the Site or any related Site;
  2. Must adhere to the principles and codes of practice for advertisers published by the Australian Association of National Advertisers as published from time to time;
  3. Must ensure that all advertisements posted on the Site comply with all applicable legislation, regulations, by-laws, ordinances or codes of conduct, including but not limited to the Competition and Consumer Act 2010 (Cth), Australian Consumer Law (found in schedule 2 of the Competition and Consumer Act 2010 (Cth)) and the Human Rights and Equal Opportunity Act 2010 (Vic);
  4. Must take full responsibility for any decision offering employment or any other opportunity with any Professional.  

3. Login Details 

To become a registered user, you agree to provide a password, an email address and username. You are entirely responsible for maintaining the confidentiality of your password and username. Furthermore, you are entirely responsible for any and all activities that occur under your username. You may change your password at any time by following the instructions detailed on the Site. 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: 

  1.  Immediately notify HealthyPeople of any unauthorised use of your account/username or any other breach of security known to you.
  2. 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 except as identified in these Terms and Conditions or Privacy Policy. 

HealthyPeople will use your email address to provide you with information including but not limited to candidates on the Site, HealthyPeople services and general 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.

HealthyPeople reserves the right to either reject or remove any subscriber at any time. 

4. Resumes and Professional Profiles

Resumes and Professional profiles contained on the site are provided by registered Professionals and are not always reviewed by us. We accept no responsibility or liability for the contents of resumes or Professional’s profiles and expect Employers to carry out such verification procedures as are customary and prudent in the circumstances.

Whilst HealthyPeople takes great efforts to ensure that Professionals listed as available for work on the Site are available, we unfortunately cannot and do not give a guarantee to you that Professionals listed as available represent an actual available Professional.

Moreover, HealthyPeople gives no guarantee of the continued availability of any particular Professionals on the Site and will not be liable to you should a Professional have found employment at any time prior to updating their profile.

5. Promoted Candidates 

Promoted Candidates are Professionals who have created a Professional profile and promoted themselves as actively looking for work.

A Professional profile is created by a Professional and is a summary of information regarding their career and work history to which they attach their resume.

You acknowledge that you understand that:

  1.  a Professional's profile can only be viewed by you if 
    1. You have a valid Business Membership or
    2. The Candidate is within 15km of your location
  2. You are entitled to contact as many Promoted Candidates as you want.

6. Candidate Database 

A Public Candidate is a Professional on the Site that has consented to immediately releasing their attached resume and contact details; and 

A Private Candidate is a Professional on the Site that requires you to send a direct message to them regarding your employment opportunity. An automatic notification, with your message included, is sent to the Professional requesting the Professional contact you regarding a potential opportunity. The Employer may not act on this request. 

7. Use of Professional Information 

You will only use professional information provided to you, or obtained by you from the Site for the purposes of hiring Professionals. Selling or otherwise distributing Professional details to any person(s) will be considered a breach of privacy and as a result the offending Business Membership will be cancelled immediately, and future access denied. 

At all times you agree to deal with any information provided through or accessed from the Site or Professionals in a manner which abides by all applicable laws of Australia or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).

Your Business Membership is not to be used for the sale or promotion of any product or service to Professionals. If you are found to be using Professional details to sell or promote a product/service, your membership will be cancelled immediately. 

HealthyPeople reserves the right to deny or remove your access to Professional profiles for what it determines in its absolute discretion, to be improper or incorrect use.

You will treat Professionals with respect and confidentiality at all times throughout the recruitment process.

8. Traky

We offer Employers and Professionals a service called ‘Traky’ which allows Professionals or Employers to create an account for a client which tracks fitness milestones.

When using the Traky services, the Employers and Professionals agree to abide by these Terms and Conditions and only disclose personal information of the client to third parties once approval has been granted by the client. HealthyPeople takes no responsibility or liability for incorrect disclosure of a client’s personal information and you agree to indemnify HealthyPeople and its agents from all losses, demands, claims and proceedings regarding the disclosure of a client’s personal information.  

9. Advertising 

You are not permitted to insert links to an external website or an externally hosted application form:

  1. Within the details of a job advertisement (including from the apply functions);
  2. From within HealthyPeople's job application process;
  3. Within or from a previously approved externally hosted application form; 
  4. Within an Employer/company profile;

without HealthyPeople's express written approval which may be granted, withheld or withdrawn at HealthyPeople's sole discretion.

You are not permitted to promote or refer to brands other than those associated with your business, (or a business operated by a related party to you): 

  1. within the details of a job ad (including from the apply functions);
  2. from within HealthyPeople's job application process;
  3. within or from a previously approved externally hosted application form; 
  4. within an Employer/company profile

without HealthyPeople's express written approval which may be granted withheld or withdrawn at HealthyPeople's sole discretion.

You may not post advertisements to the Site relating to any location outside of Australia without HealthyPeople’s express written approval. HealthyPeople reserves the right to charge you the then applicable standard casual rate for any advertisement posted to any such location in breach of this clause.

You must ensure that advertisements posted to the Site are posted in the appropriate category of the Site. It is your responsibility to ensure that you familiarise yourself with the advertising requirements of each available category on the Site to ensure appropriate placement of advertisements.

HealthyPeople reserves the right and Employers must accept as a condition of advertising on the Site, HealthyPeople's right to re-classify advertisements posted to the Site, entitling HealthyPeople to withdraw advertisements from one category of its Site and to re-publish advertisements in another category on the Site.

Employers acknowledge and agree that HealthyPeople has the right to edit any part of a job advertisement at any time without notice.

Job advertisements may be altered by HealthyPeople at any time without notice to ensure they are in accordance with our style guide

HealthyPeople reserves the right (which will not be unreasonably exercised) to withhold publication of any logo on the Site by you if HealthyPeople at its sole discretion believes that the creative design is not a logo or is not appropriate for posting on the Site.

Standard job advertisements are valid for 30 days, although you can choose to end the advertisement earlier. This does not decrease or alter the cost of the advertisement in any way.

10. New Advertisement 

The following actions constitute a new or additional advertisement:

  1. copying a job advertisement;
  2. re-posting an archived or deleted job advertisement;
  3. extending a job advertisement, which adds 30 days to the life of the advertisement;
  4. changing a zone classification and refreshing any job posting. Refreshing is the process of deleting and re-posting the same or substantially similar job advertisement.

Changes to the body copy of a job advertisement, advertisement title or location, work type, classification and sub-classification categories do not constitute a new job advertisement, regardless of the method used to post the advertisement.

HealthyPeople reserves the right to terminate your Business Membership with HealthyPeople if you post any advertisement that breaches these Terms and Conditions. HealthyPeople may edit an advertisement at any time.

11. Employer Business Membership

We offer Employers a Business Membership which permits Employers to access the HealthyPeople database of Professionals. The Business Membership will be activated upon receiving payment of the membership fee corresponding to the package and period of membership requested.

Membership is renewable upon the conclusion of the membership period.

There is no refund of any membership fees should you cancel your membership at any stage during your membership period. We also reserve the right to increase or limit the services available to members from time to time. 

12. FITREC Registration

We offer Employers a FITREC Registration which permits Employers to access the FITREC database of Professionals and view their qualifications. The FITREC Registration will be activated upon receiving payment of the registration fee corresponding to the package and period of registration requested.

Registration is renewable upon the conclusion of the registration period. 

13. Fees

  1. Employer Business Membership: Up-to-date Business Membership fees and packages can be found here: https://www.healthypeople.com.au/recruit. 
  2. Advertising: We offer Employers and third party service providers to advertise their services, courses or products on the Site. Up-to-date advertising fees and packages can be found here: https://www.healthypeople.com.au/recruit.
  3. Fitness Registration: Up-to-date fees for Employers to create a public professional profile on the FITREC Site can be found here: https://fitrec.org/buy 

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.

14. Payment Terms 

All amounts owing to HealthyPeople must be paid immediately by a credit or debit card unless otherwise agreed in writing by HealthyPeople.

15. Refunds 

You agree and understand that HealthyPeople advertising and Business Membership fees are non-refundable.  You are obliged to pay for the services that HealthyPeople agree to provide you with regardless of whether you terminate, 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 the full payment.

HealthyPeople reserves the right to refer any unpaid fees to a debt collection agency or lawyer. Additional charges, including but not limited to damages, interest and legal costs on an indemnity basis, will be payable by you. You agree that, subject to HealthyPeople’s Privacy Policy, HealthyPeople may disclose information to a credit reporting agency or any other interested person.

HealthyPeople also reserves the right to suspend or cancel any or all services on the unpaid account without notice.

16. Your Obligations 

You warrant and agree that:

  1. you have the legal capacity and power to agree to be bound by these Terms and Conditions and perform the obligations under it;
  2. advertisements and other works posted on the Site do not breach the intellectual property rights of any third party;
  3. all files delivered to HealthyPeople will be free of infection or viruses; and
  4. you will not use the Site for any illegal purpose.

You may not assign or transfer any rights and obligations pursuant to these Terms and Conditions to any other person or entity without HealthyPeople's prior written approval. 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:

  1. any breach of these Terms and Conditions by you;
  2. any negligent act or omission by you;
  3. the listing or proposed listing of any advertisement by you on the Site or any related site; or
  4. 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 advertisement appearing on the Site.

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.

17. Terms of General Terms and Conditions 

You agree and understand that the General Terms and Conditions apply in addition to the Employer Terms and Conditions. 

Should you have any questions regarding our Terms and Conditions, we encourage you to contact us at:

Our office: +61 3 9021 0836 / Email: terms@healthypeople.com.au 


PROFESSIONAL TERMS AND CONDITIONS

Professionals on the HealthyPeople Site agree to also be bound by the following Terms and Conditions: 

1. Job Advertisements 

Job advertisements contained on the Site are provided by registered Employers and their agents and are not necessarily reviewed by us. We accept no responsibility or liability for the contents of job advertisements and expect candidates and prospective Employers to carry out such verification procedures as are customary and prudent in the circumstances.

Whilst HealthyPeople takes great efforts to ensure that jobs advertised on the Site are for actual job vacancies, we, unfortunately, cannot and do not give a guarantee to you that every job advertisement represents an actual job vacancy.

Moreover, HealthyPeople gives no guarantee of the continued availability of any particular job advertised on the Site and will not be liable to you should an advertiser have filled the vacancy at any time prior to removal of the advertisement from the Site.

HealthyPeople cannot and does not guarantee any contact from an Employer will result in a job opportunity. HealthyPeople does not review any communication between you and an Employer and will not be responsible for any direct, indirect, consequential, special, punitive or other damages that you or others may suffer as a result of this.

2. Information does not Represent Professional Advice  

Services and information provided on this Site by HealthyPeople 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. You acknowledge that information on the Site does not constitute legal or financial advice. 

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 Professionals, Employers or advertisers 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.

3. Resume 

You are responsible for ensuring the content of your resume and Professional profile is up-to-date, accurate and not misleading in any way. 

You agree that it is a condition of use of the Site and any of the services provided by HealthyPeople that you will not, through any act or omission, mislead or deceive others.

4. Liability and Indemnity 

HealthyPeople’s limitation of liability under these Terms and Conditions 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 HealthyPeople are informed of their possibility.

HealthyPeople:

  1. Accepts no responsibility or liability for any errors in your resume, Professional profile or job advertisement or Employer profile and requests the Professional check both their resume, profile, any advertisement and Employer profile for errors as soon as they have been listed on the Site;
  2. Accepts no responsibility or liability for any failure to obtain employment or any damage or loss suffered through employment obtained through the Site;
  3. Is not liable for any loss or damage incurred by a Professional as a result of any failure in obtaining employment through the Site;
  4. Reserve the right to either reject or remove any Professional profile from its Site at its discretion.

The Professional:

  1. Indemnifies HealthyPeople, its directors, employees and agents against all claims, actions, suits, liabilities, costs and expenses (including legal costs on an indemnity basis) relating to or as a result of the Professional’s resume or Professional profile on the Site or any related Site;
  2. Must ensure that all resumes and the Professional profile posted on the Site comply with all applicable legislation, regulations, by-laws, ordinances or codes of conduct, including but not limited to the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (found in schedule 2 of the Competition and Consumer Act 2010 (Cth);
  3. Must take full responsibility for any decision to accept or reject employment or any other opportunity with any Employer.   

5. Login Details 

To become a registered user, you agree to provide a password, an email address, suburb location and telephone number. You are entirely responsible for maintaining the confidentiality of your password and username. Furthermore, you are entirely responsible for any and all activities that occur under your username. You may change your password at any time by following the instructions detailed on the Site. You may also change your login at any time. You may delete your registration, or services attached to your registration, via your Account Page at any time.

You agree to: 

  1.  Immediately notify HealthyPeople of any unauthorised use of your account/username or any other breach of security known to you.
  2. 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 except as identified in these Terms and Conditions or Privacy Policy. 

HealthyPeople will use your email address to provide you with information including but not limited to vacancies on the Site, HealthyPeople services and general advice and details about Employers that have downloaded your resume. 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.

HealthyPeople reserves the right to either reject or remove any subscriber at any time. 

6. Resumes and Professional Profiles

When you create an account on the Site, your registered details and any additional information provided will be available to Employers that have purchased a HealthyPeople Business Membership, allowing them to approach local Professionals about available employment opportunities. 

Your details will never be sold or otherwise shared with third parties for any reason other than those stated above.

You have the ability to make your account private. This is done in the EDIT PROFILE section.

You can block specific Employers. Profiles may remain available to Employers but invisible to those you nominate. Head to the EDIT PROFILE section to find and block any Employers in our system.

7. Promoted Candidates 

Promoted Candidates are Professionals who have created a Professional profile and promoted themselves as actively looking for work. The services provided by HealthyPeople to Promoted Candidates include sending an email to Employers in their area notifying them of the Promoted Candidate and two weeks of priority listing in search results on the HealthyPeople database. 

We reserve the right to increase or limit the services available to members from time to time. 

8. Candidate Database 

A Public Candidate is a Professional on the Site that has consented to immediately releasing their attached resume and contact details; and 

A Private Candidate is a Professional on the Site that requires the Employer to send a direct message to them regarding employment opportunity. An automatic notification, with the Employer’s message included, is sent to the Professional requesting the Professional contact the Employer regarding a potential opportunity. The Employer may not act on this request. 

9. Traky

We offer Employers and Professionals a service called ‘Traky’ which allows Professionals or Employers to create an account for a client which tracks fitness milestones.

When using the Traky services, the Employers and Professionals agree to abide by these Terms and Conditions and only disclose personal information of the client to third parties once approval has been granted by the client. HealthyPeople take no responsibility or liability for incorrect disclosure of a client’s personal information and you agree to indemnify HealthyPeople and its agents from all losses, demands, claims and proceedings regarding the disclosure of a client’s personal information.  

10. FITREC Registration

We offer Professionals a FITREC Registration which permits Employers to access the FITREC database of Professionals and view their qualifications. The FITREC Registration will be activated upon receiving payment of the registration fee corresponding to the package and period of registration requested.

Registration is renewable upon the conclusion of the registration period. 

11. Fees

  1. Professionals are currently not charged any fees to create a professional profile on the HealthyPeople Site;
  2. Promoted Candidates: Up-to-date fees for Promoted Candidate can be found here: https://www.healthypeople.com.au/Pages/promotion. 
  3. Fitness Registration: Up-to-date fees for Professionals to create a public professional profile on the FITREC Site can be found here: https://fitrec.org/buy. 

Prices are set by HealthyPeople and may vary without notice.

Where a fee is payable Goods and Services Tax (GST) is applicable.

12. Payment Terms 

All amounts owing to HealthyPeople must be paid immediately by a credit or debit card unless otherwise agreed in writing by HealthyPeople.

13. Refunds 

You agree and understand that HealthyPeople advertising and Business Membership fees are non-refundable. You are obliged to pay for the services that HealthyPeople agree to provide you with regardless of whether you terminate, 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 the full payment.

HealthyPeople reserves the right to refer any unpaid fees to a debt collection agency or lawyer. Additional charges, including but not limited to damages, interest and legal costs on an indemnity basis, will be payable by you. You agree that, subject to HealthyPeople’s Privacy Policy, HealthyPeople may disclose information to a credit reporting agency or any other interested person.

HealthyPeople also reserves the right to suspend or cancel any or all services on the unpaid account without notice.

14. Use of Professional Information 

You will only use Professional information provided to you, or obtained by you from the Site for the purposes of obtaining employment. At all times you agree to deal with any information provided through or accessed from the Site or Employers in a manner which abides by all applicable laws of Australia or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).

HealthyPeople reserves the right to deny or remove your access to the Site for what it determines in its absolute discretion, to be improper or incorrect use.

You will treat all Employers and other people on the Site with respect and confidentiality at all times throughout the recruitment process.

15. Your Obligations 

You warrant and agree that:

  1. you have the legal capacity and power to agree to be bound by these Terms and Conditions and perform the obligations under it;
  2. resumes and other works posted on the Site do not breach the intellectual property rights of any third party;
  3. all files delivered to HealthyPeople will be free of infection or viruses; and
  4. you will not use the Site for any illegal purpose.

You may not assign or transfer any rights and obligations pursuant to these Terms and Conditions to any other person or entity without HealthyPeople's prior written approval. 

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:

  1. any breach of these Terms and Conditions by you;
  2. any negligent act or omission by you;
  3. an actual or alleged breach by you of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs as a consequence of your use of 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.

16. Terms of General Terms and Conditions 

You agree and understand that the t General Terms and Conditions apply in addition to the Employer Terms and Conditions.

Should you have any questions regarding our Terms and Conditions, we encourage you to contact us at:

Our office: +61 3 9021 0836 / Email: terms@healthypeople.com.au.