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.
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:
The Professional:
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:
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
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:
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:
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.