ADVERTISING TERMS OF USE

Advertisers on www.HealthyPeople.com.au ("Site") identified as "Advertisers" agree to be bound by the following terms and conditions.

I. All fees payable to HealthyPeopleAustralia must be received before any ad can be posted. Payment is by direct deposit or direct debit only.

II. As a condition of using any services supplied by HealthyPeopleAustralia, Advertisers must comply with the Human Rights and Equal Opportunity Commission Act 1986 (Commonwealth) and all anti-discrimination and equal opportunity legislation applicable in the State or Territory in which they conduct business. Where an exemption to comply with the legislation has been granted, the exemption number must be included in the advertisement submitted to HealthyPeopleAustralia.

III. Advertisers agree to indemnify HealthyPeopleAustralia, its officers, employees and agents against all claims, actions, suits, liabilities, costs and expenses incurred on any account as a result of the posting or proposed posting of any advertisement by an advertiser through the Site, or any related site.

IV. HealthyPeopleAustralia cannot and does not guarantee or warrant to the Advertiser that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Advertisers are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

V. HealthyPeopleAustralia provides no warranty to Advertisers that services generally available through the Site will be uninterrupted or error free. HealthyPeopleAustralia agrees to use its reasonable endeavours to ensure that any disruptions to or a denial of access to its Site will be remedied as quickly as possible.

VI. HealthyPeopleAustralia makes every effort to avoid errors in advertisements it has agreed to post to the Site. However, HealthyPeopleAustralia accepts no responsibility or liability for any errors and requires that Advertisers check their advertisements for errors as soon as they are placed on the Site(s). All reasonable efforts will be undertaken by HealthyPeopleAustralia to edit errors brought to HealthyPeopleAustralia's attention as soon as reasonably possible.

VII. HealthyPeopleAustralia agrees to use reasonable efforts to publish advertisements in the shortest possible time. HealthyPeopleAustralia is not liable for any loss or damage incurred by an Advertiser as a result of any failure or delay in listing an advertisement.

VIII. Advertisers agree at all times to deal with any information or products provided by HealthyPeopleAustralia 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).

IX. Advertisers must adhere to the principles of truth in advertising set out in the RCSA's code of Practice. Advertisers placing advertisements for permanent positions should only place job ads for permanent positions for which they have permission to recruit.

X. Advertisers must ensure that all advertisements posted to the 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 relevant Estate Agents Acts in all applicable States and Territories.

XI. Advertisers agree to keep HealthyPeopleAustralia, its officers, employees and agents fully indemnified against any actual or contingent costs, expenses, charges, damages or liabilities incurred in relation to any actions or claims brought by any person or entity against HealthyPeopleAustralia as a result of an actual or alleged breach by you of any law, regulation, by-law, ordinance or code of conduct or such other actions or claims brought as a consequence of your advertisement appearing on the Site.

XII. Advertisers may not assign or transfer any rights and obligations pursuant to this agreement to any other person or entity without HealthyPeopleAustralia 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.

XIII. Advertisers agree that HealthyPeopleAustralia retains all intellectual property rights contained in any of the goods and services provided to you by HealthyPeopleAustralia.

XIV. Advertisers acknowledge and agree that HealthyPeopleAustralia acts as a medium through which individuals seek opportunities and that HealthyPeopleAustralia, beyond the filtering through the database, does not vet nor is it responsible for vetting job candidates or the representations (whether oral or in writing) made by them. HealthyPeopleAustralia disclaims all liability for any loss, costs, damages or loss of profits sustained as a consequence of any Advertiser employing or engaging any person sourced through the HealthyPeopleAustralia Site.

XV. Advertisers understand and agree that the following actions constitute a new/additional job advertisement under this agreement: Changing the location of the position, Changing the title, Changing the text, and any other alterations after the ad has been submitted.

XVI. Advertisers agree to comply with the National Privacy Principles set out under the Privacy Amendment (Private Section) Act 2000 ("NPP's") See www.privacy.gov.au for more information on the Australian NPP's.

XVII. Advertisers agree that pursuant to Sections 18K(1)(b) and 18N(1)(b) of the Privacy Act 1988, HealthyPeopleAustralia may, for the purposes of assessing an Advertiser's commercial credit application, obtain from either a credit reporting agency or other credit providers, personal credit information about the Advertiser and/or its directors.

XVIII. Advertisers agree that pursuant to Section 18K(1)(h) of the Privacy Act 1988, HealthyPeopleAustralia may obtain a consumer credit report about the Advertiser from a credit reporting agency for the purposes of collecting overdue payments relating to commercial credit owed by the Advertiser.

XIX. Advertisers agree to comply with section 53B of the Trade Practices Act 1974 (C'th) which requires that Advertisers that are companies not mislead persons seeking employment as to the availability, nature, terms or conditions or, any other matter relating to the employment opportunity being offered.

XX. Advertisers must ensure that advertisements posted to the Site are posted to the appropriate category of the Site and the onus is on Advertisers to ensure that they familiarise themselves with the advertising requirements of each available category on the Site to ensure appropriate placement of advertisements.

XXI. This agreement is governed by the laws of Victoria. Advertisers irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Victoria, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.

XXII. The services of HealthyPeople Australia is strictly for the advertising of available positions as indicated at XIX. Advertising of product, service or other commodity to professionals on the database is forbidden except under an explicit prior arrangement with HealthyPeople Australia.

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