| 1 |
All amounts owing to GLOBE PHYSIOTHERAPY (ABN 60 961 812 007) ("GLOBE PHYSIOTHERAPY") by Advertisers must be paid within 14 days of the date of invoice notwithstanding any errors or omissions in any advertisement placed on the Site. GLOBE PHYSIOTHERAPY may charge Advertisers interest on late payment at the rate of 12.5% per annum and reserves the right to recoup any collection costs incurred from the Advertiser. GLOBE PHYSIOTHERAPY also reserves the right to disable your account with GLOBE PHYSIOTHERAPY without notice and refuse to supply further services to your organisation if your invoice is not paid within our required trading terms. |
| 2 |
As a condition of using any services supplied by GLOBE PHYSIOTHERAPY, Advertisers must comply with the Human Rights and Equal Opportunity Commission Act 1986 (C'th) 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 GLOBE PHYSIOTHERAPY. |
| 3 |
Whilst GLOBE PHYSIOTHERAPY does not review every advertisement posted to the Site, GLOBE PHYSIOTHERAPY reserves the right to withdraw without notice to the Advertiser (at the option of GLOBE PHYSIOTHERAPY) any advertisement that may be in breach of any clause of this agreement or of any law or regulation. GLOBE PHYSIOTHERAPY also reserves the right to terminate this agreement if the Advertiser posts any advertisement that may be in breach of any law or regulation. Further, GLOBE PHYSIOTHERAPY reserves the right to, in its absolute discretion, reject or remove any advertisement from the Site for any reason. |
| 4 |
Advertisers indemnify and will keep indemnified GLOBE PHYSIOTHERAPY, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by GLOBE PHYSIOTHERAPY in connection with: |
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| a. |
any breach of this agreement by the Advertiser; |
| b. |
any negligent act or omission by the Advertiser; |
| c. |
the listing or proposed listing of any advertisement by an Advertiser on the Site or any related site; or |
| d. |
an actual or alleged breach by an Advertiser of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs a consequence of the Advertiser’s advertisement appearing on the Site. |
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| 5 |
GLOBE PHYSIOTHERAPY 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. |
| 6 |
GLOBE PHYSIOTHERAPY provides no warranty to Advertisers that services generally available through the Site will be uninterrupted or error free. GLOBE PHYSIOTHERAPY agrees to use its reasonable endeavors to ensure that any disruptions to or a denial of access to the Site will be remedied as quickly as possible. |
| 7 |
GLOBE PHYSIOTHERAPY will not be liable for any delay or failure to perform its obligations under this agreement if such a delay or failure is due to circumstances beyond its reasonable control. |
| 8 |
GLOBE PHYSIOTHERAPY makes every effort to avoid errors in advertisements it has agreed to post to the Site. However, GLOBE PHYSIOTHERAPY 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 GLOBE PHYSIOTHERAPY to edit errors brought to GLOBE PHYSIOTHERAPY's attention as soon as reasonably possible. |
| 9 |
GLOBE PHYSIOTHERAPY agrees to use reasonable efforts to publish advertisements in the shortest possible time. GLOBE PHYSIOTHERAPY is not liable for any loss or damage incurred by an Advertiser as a result of any failure or delay in listing an advertisement. |
| 10 |
The Advertiser warrants and undertakes that: |
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| a. |
it has the legal capacity and power to enter into this agreement and perform its obligations under it; |
| b. |
advertisements and other works posted on the Site do not breach the intellectual property rights of any third party; |
| c. |
all files delivered to GLOBE PHYSIOTHERAPY will be free of infection or viruses; and |
| d. |
it will not use the Site for any illegal purpose. |
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| 11 |
Advertisers agree at all times to deal with any information or products provided by GLOBE PHYSIOTHERAPY 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). |
| 12 |
Advertisers agree not to use the Site to post any pyramid scheme on the Site and also agree not 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. |
| 13 |
Advertisers agree not to use any feature of the Site to send unsolicited commercial email to candidates, whether individually or as a group. Candidate management tools may only be used to communicate with candidates about the specific vacancy to which they have applied. Resume database tools may only be used to communicate with candidates about specific vacancies which match Advertiser preferences. |
| 14 |
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. |
| 15 |
Advertisers must ensure that all advertisements posted to the Site comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct, including but not limited to the: |
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| a. |
Trade Practices Act 1974 (Cth), including but not limited to s.53B which requires that Advertisers that are companies not mislead persons Globe seeking employment as to the availability, nature, terms or conditions or, any other matter relating to the employment opportunity being offered; |
| b. |
Fair Trading Acts in all applicable States and Territories; |
| c. |
Privacy Act 1988 (Cth) including the National Privacy Principles; and |
| d. |
Estate Agents Acts in all applicable States and Territories. |
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| 16 |
Advertisers are not permitted to link from GLOBE PHYSIOTHERAPY's job application process to any external websites/externally hosted application forms without GLOBE PHYSIOTHERAPY's express written approval. Such approval is subject to strict terms and conditions. |
| 17 |
Unless specified in this agreement, Advertisers may not post advertisements to the Site under any of the following locations: any New Zealand location, UK - London, UK - Other, Ireland or Overseas – Other. GLOBE PHYSIOTHERAPY reserves the right to charge an Advertiser GLOBE PHYSIOTHERAPY’s then applicable standard casual rate for any advertisement posted to any location specified above in breach of this clause. |
| 18 |
Advertisers may not assign or transfer any rights and obligations pursuant to this agreement to any other person or entity without GLOBE PHYSIOTHERAPY's prior written approval (which will not be unreasonably withheld). If you are a company, any change in your effective control shall be deemed an assignment for the purpose of this clause. |
| 19 |
Advertisers agree that GLOBE PHYSIOTHERAPY retains all intellectual property rights contained in any of the goods and services provided to you by GLOBE PHYSIOTHERAPY. |
| 20 |
Advertisers acknowledge and agree that GLOBE PHYSIOTHERAPY acts as a medium through which individuals seek employment opportunities and that GLOBE PHYSIOTHERAPY does not vet nor is it responsible for vetting job candidates or the representations (whether oral or in writing – including those representations appearing in job candidates resumes appearing on GLOBE PHYSIOTHERAPY's resume database) made by them. GLOBE PHYSIOTHERAPY 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 GLOBE PHYSIOTHERAPY Site. |
| 21 |
Advertisers understand and agree that the following actions constitute a new/additional job advertisement under this agreement: copying a job ad; reposting an archived or deleted job ad; extending a job ad beyond 30 days (known as "renewing" and this can occur on multiple occasions); 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. In addition, Advertisers understand and agree that when you post ads on GLOBE PHYSIOTHERAPY via a bulk data import process, changing a job ad reference number also constitutes a new job ad. If an Advertiser is using a bulk data import process, the Advertiser must ensure that they understand the effect bulk data importing may have on renewing (refer to definition above) ads as GLOBE PHYSIOTHERAPY will count all new/additional job advertisements against the Advertiser’s account and will invoice the Advertiser accordingly. Changes to job ad body copy and ad title or location, work type, industry and occupation categories within the existing zone do not constitute a new job ad, regardless of the method used to post the ad. |
| 22 |
Advertisers acknowledge and agree that they must only advertise one job role per job advertisement posted on to the GLOBE PHYSIOTHERAPY Site. Where Advertisers have breached this obligation and have advertised multiple job roles in the one job advertisement, GLOBE PHYSIOTHERAPY reserves the right to charge the Advertiser for the number of job roles advertised in the one job advertisement posted on to the GLOBE PHYSIOTHERAPY Site. |
| 23 |
Access to the candidate resume database is available only to GLOBE PHYSIOTHERAPY Advertisers who have been approved for resume search capabilities. |
| 24 |
Advertisers may access and use the information stored on the candidate resume database solely for the purpose of identifying candidates whose work preferences for location, work type, industry and occupation match the clients' current job advertisements with GLOBE PHYSIOTHERAPY. Advertisers must not use or forward a candidate's resume without their permission. |
| 25 |
Advertisers agree that pursuant to the Privacy Act 1988 (Cth), GLOBE PHYSIOTHERAPY may obtain from either a credit reporting agency or other credit providers: |
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| a. |
personal credit information about the Advertiser and/or its directors for the purpose of assessing an Advertiser’s commercial credit application; and |
| b. |
a consumer credit report about the Advertiser for the purpose of collecting overdue payments relating to commercial credit owed by the Advertiser. |
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| 26 |
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. |
| 27 |
GLOBE PHYSIOTHERAPY reserves the right and Advertisers must accept as a condition of advertising on the Site, GLOBE PHYSIOTHERAPY's right to re-classify advertisements posted to the Site, entitling GLOBE PHYSIOTHERAPY to withdraw advertisements from one category of its Site and to re-publish advertisements in another category on the Site. |
| 28 |
GLOBE PHYSIOTHERAPY reserves the right at all times without the need to have to provide any notice to Advertisers, to alter the functionality and appearance of its products and services available from GLOBE PHYSIOTHERAPY or through the GLOBE PHYSIOTHERAPY Site, where GLOBE PHYSIOTHERAPY believes changes are required in order to promote a consistent experience for job applicants using the Site or to enable GLOBE PHYSIOTHERAPY to provide a more relevant ranking of job advertisements appearing on the Site for job seekers, including but not limited to the appearance of the job advertisements appearing on the GLOBE PHYSIOTHERAPY Site. |
| 29 |
Advertisers must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to GLOBE PHYSIOTHERAPY without GLOBE PHYSIOTHERAPY’s prior written approval. |
| 30 |
If any part of this agreement is held invalid that part shall be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable. |
| 31 |
Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement. |
| 32 |
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. |