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:
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:
The Employer:
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:
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:
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:
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):
within the details of a job ad (including from the apply functions);
from within HealthyPeople's job application process;
within or from a previously approved externally hosted application form;
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:
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 provides access to features that are exclusive to the membership holders. 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 or accumulated credits 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/Credits
Prices are set by HealthyPeople and may vary without notice.
Purchased Credits are not transferable.
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 purchased services and Credits are non-refundable. You also agree and understand that Credits used for job advertising, access to lists of candidates, or other services are not 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:
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:
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.careers