Terms & Conditions of Use
- “Newly HealthcareLink” means Newly HealthcareLink Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of Newly HealthcareLink Pty Ltd.
- “User” means any advertiser and/or job seeker (the person/s requesting the use of the Web Site and Newly HealthcareLink’s Services) who, under this Agreement, has been furnished by Newly HealthcareLink with Access Details that allow the use of the Web Site and Newly HealthcareLink’s Services. If there is more than one person requesting the Services, the term User is a reference to each person jointly and severally.
- “Web Site” means a location, owned by Newly HealthcareLink, which is accessible on the Internet through the World Wide Web and which provides the Content.
- “Services” means all Services (including any advice or recommendations, or Content obtained from the Web Site) provided by Newly HealthcareLink via the Web Site to the Advertiser and/or Job Seeker.
- “Content” means any content (including, Resume Profiles, resumes, Advertisements, etc.), posted via the Web Site, by the Advertiser and/or Job Seeker.
- “Access Details” means the pieces of confidential information (such as usernames and passwords) supplied by Newly HealthcareLink to the User, that are used to facilitate the User’s use of the Services.
- “Agreement” means this contract, between Newly HealthcareLink and the User and/or Job Seeker, which the relevant parties agree consists of the entirety of the relationship between the parties, to the complete and unqualified exclusion of any other terms, promises, warranties, representations, or other agreement of any kind in respect to the Services.
- “Subscription Fees” means the price payable for Vacancy Advertising Services as agreed between Newly HealthcareLink and the User (if applicable) in accordance with clause 6.5 of this Agreement.
- “Job Posting Pack” means any subscription to the Web Site that permits the User the right to post any employment vacancy on the Web Site as per clause 6.
- The User acknowledges that this Agreement forms a legally binding contract under applicable law, and as such, the User warrants that they are at least eighteen (18) years of age at the time of entering in this Agreement, and that they are of full legal capacity. In the event the User is under this age, Newly HealthcareLink shall require the details (and acceptance of this Agreement) of at least one parent and/or guardian, who will take full responsibility for the User and guarantee the User’s obligations are met, including payment of any applicable fees.
- Where the User is acting on behalf of any third party (and that third party is intended to be responsible for the payment of any applicable fees), then the User:
- warrants and declares that they are a duly authorised representative of such third party, and have the full authority to contract with Newly HealthcareLink for the supply of Services on the User’s behalf, and such authority shall continue until the Agreement is terminated (as per clause 11) or the intended third party otherwise notifies Newly HealthcareLink in writing that the said User is no longer their duly authorised representative;
- acknowledges that they shall be liable for the payment of any applicable fees as if they had contracted the Services on their own behalf in the event that the third party does not pay such fees when due.
- The User is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions where the User checks the appropriate disclosure box (as prompted), which shall be subject to amendment from time to time.
- These terms and conditions may only be amended with Newly HealthcareLink’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the User and Newly HealthcareLink.
- Notwithstanding anything in this Agreement, the User may not:
- use the Services, Content and/or Web Site for any commercial operations (such as, but not limited to, in order to obtain the email addresses of other persons for unsolicited commercial correspondence, pyramid scheme, public news release, advertising or promotional and/or telemarketing purpose, etc.), or the preparation thereof;
- modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material or Content from the Web Site (including code and software);
- use data mining, robots, screen shaping, or similar data gathering and extraction tools on the Web Site for establishing, maintaining, advancing or reproducing information contained on the Web Site on their own site or in any other publication, except with Newly HealthcareLink’s prior written consent.
Change in Control
- The User shall give Newly HealthcareLink not less than fourteen (14) days prior written notice of any proposed change of ownership of the User and/or any other change in the User’s details (including but not limited to, changes in the User’s name, address, contact phone or fax number/s, or business practice). The User shall be liable for any loss incurred by Newly HealthcareLink as a result of the User’s failure to comply with this clause.
Provision of the Services
- Newly HealthcareLink warrants that the Access Details provided to the User shall be valid for the entirety of this Agreement, subject to the terms and conditions contained herein.
- Due to the inherent nature of websites in general, Newly HealthcareLink cannot guarantee uninterrupted or continuous availability of the Web Site, or the Content, and the User accepts that the Web Site may also be unavailable from time to time for maintenance or scheduled upgrades. Where able, Newly HealthcareLink shall provide the User with advanced warning of the same. Newly HealthcareLink shall accept no liability in relation to the Web Site’s downtime, whether scheduled or otherwise.
- Newly HealthcareLink makes no representations, statements, conditions or agreements, unless expressed by the Director of Newly HealthcareLink in writing, concerning the Content that is posted or available on the Web Site, nor is Newly HealthcareLink bound by such.
- The User acknowledges that Newly HealthcareLink may, in their absolute discretion, replace or amend Content to better reflect the vacancy (etc.), and may alter the location of such Content on the Web Site.
- Newly HealthcareLink makes no guarantee that:
- all Content will be accessible for download or via email, browsers and/or tablets, on all occasions; or
- where the Web Site provides links to outside resources, that the URL location of such resources are maintained, and remain accessible by the User. Therefore, the User indemnifies Newly HealthcareLink against any and all claims for any loss or expense incurred by the User, and/or any refund on any applicable fees, due to lack of functionality.
Conditions of Use and Fair use Policy
- It is the User’s responsibility to ensure that they have the necessary computer hardware and software systems in place to access and utilise the Web Site.
- The User agrees to:
- only use any Content (or information obtained through the use of the Web Site) for the purposes of job seeking or the hiring process for the vacancy advertised, and is non-transferrable, except with the express approval of Newly HealthcareLink (and any other user concerned, if applicable);
- at all times to deal with any Content or information provided through or accessed from the Web Site in a manner which abides by all applicable laws of Australia, or any other relevant jurisdiction (including, but not limited to, privacy and copyright issues).
- The User agrees that:
- the User is responsible for anything actually posted by themselves, or for anything posted with the consent of the User (including where clause 8.2 applies), unless the User’s Access Details were mistakenly disseminated by Newly HealthcareLink;
- any Content posted by the User during the use of the Web Site:
- which is represented as fact, is to the knowledge of a reasonable person, accurate, realistic, and not intentionally or negligently misleading;
- is not offensive, racially discriminatory, harassing, libellous, supportive or suggestive of any act injurious to persons or property;
- The User agrees and warrants that they shall not use the Web Site:
- in any manner that:
- advertises any products or services, or solicits any other person to buy, hire, or sell any products or services, or transmits chain letters, junk mail or unsolicited email of any kind;
- exploits minors, solicits information from minors, or encourages, promotes or incites inappropriate behaviour in minors, or the use of drugs by minors, or causes the image of a minor (whosoever that minor may be) to be posted on the Web Site;
- constitutes, incites, solicits, or attempts to be, or conspires to be, criminal conduct in any State or territory of Australia, in the Commonwealth of Australia, or in any other jurisdiction;
- infringes any legal, equitable or moral right of any third party in any jurisdiction;
- breaches any intellectual property right of any third party without the express consent of said third party;
- impersonates any person whomsoever;
- harasses any person with unwelcome behaviour or solicits money from any person;
- suggests or implies that Newly HealthcareLink approves of any Content posted by the User;
- deploys any robot, spider, worm or other device, to copy, retrieve, alter or reproduce the navigational structure or presentation of the Web Site or Content, or any other information or material stored thereon;
- redirects, or causes to be redirected, any other user of the Web Site;
- except, and only to the extent, permitted by statute, modifies, adapts, sub-licences, translates, sells, reverse engineers, deciphers, or other disassembles any part of the Services.
- they shall not operate multiple accounts without the express prior written approval of Newly HealthcareLink.
- in a manner deemed to be “unreasonable”, in a way that an ordinary person could reasonably regard as commercial use, when you hold an ordinary employer account.
- Free standard posting is a limited time offer, maximum of 3 free posts allowed per account
- Newly HealthcareLink reserves the right to vary the terms of the Fair Use Policy from time to time.
- in any manner that:
- Newly HealthcareLink may remove, at their sole discretion (and irrespective of the subjective opinion of the User), any Content posted by the User that is in breach of this Agreement, or that (in the sole opinion of Newly HealthcareLink) is determined may bring the Web Site into disrepute, and subsequently impose limitations on the User’s Web Site functionality. Newly HealthcareLink will not be liable to the User for any loss or damage the User suffers because Newly HealthcareLink has exercised its rights under this clause.
- The User must ensure that all advertisements posted on the Web Site comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct, including but not limited to the Competition and Consumer Act 2010 (Cth) (and to Section 31 of Schedule 2, which requires that if you are a company you must not mislead persons seeking employment as to the availability, nature, terms and conditions, or any other matter relating to the employment opportunity being offered), Fair Trading Acts in all applicable States and Territories, Privacy Act 1988 (Cth), Estate Agents Act, Human Rights and Equal Opportunity Commission Act (Cth) and all anti-discrimination and equal opportunity legislation applicable to the State or Territory in which the User conducts business, or resides.
- Advertisements are valid for thirty (30) days, unless an expiry date is specified by the User and accepted by Newly HealthcareLink.
- The User expressly authorises Newly HealthcareLink to store and retain all applications submitted in response to the relevant advertisement within the Web Site, rather than emailing those applications to an external source.
- Advertiser's agree not to put thier phone and email contact details on the description field or any other fields, except the allocated fields for contact details. Newly HealthcareLink reserves the right to remove the ads where contact details are exposed incorrectly.
- Newly HealthcareLink accepts no responsibility or liability for any errors in advertisements and these must be checked for errors as soon as they are placed on the Web Site. Newly HealthcareLink will use all reasonable effort to publish advertisements in the shortest possible time.
- In subscribing to any Job Posting Pack, the User is required to pay Subscription Fees for the on-going advertising of an employment vacancy on the Web Site, the amount of which is stipulated via Newly HealthcareLink’s pricelist for vacancy advertising (e.g. Job Posting Packs).
- Newly HealthcareLink may adjust the Subscription Fees from time to time, which shall be notified to the User, and shall take effect, upon the User’s purchase of any Job Posting Pack.
- Time for payment of the Subscription Fees being of the essence, shall be payable by the User on the date/s determined by Newly HealthcareLink, which may be:
- on the User’s acceptance of this Agreement;
- the date specified on any invoice or other form as being the date for payment; or
- failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the User by Newly HealthcareLink.
- Payment of the Subscription Fees may be made by electronic/on-line banking, PayPal, credit card (Visa, MasterCard and Amex), or by any other method as agreed to between the User and Newly HealthcareLink.
- Unless otherwise stated the Subscription Fees excludes GST, which the User is required to pay (without deduction or set off of any other amounts) at the same time and on the same basis as the User pays the Subscription Fees. In addition, the User must pay any other charges, taxes and duties that may be applicable in addition to the Subscription Fees, except where they are expressly included in the Subscription Fees.
- You can cancel subscription any time. Monthly subscription is paid monthly by credit card only. Yearly subscription is paid annually
- Subscription should be cancelled before the renewal date as per the subscription plan. Cancelation request must be sent before the renewal date. Newly HealthcareLink will not refund any subscription payment processed, if the cancelation request send after the processed date
- Receipt by Newly HealthcareLink of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
- Interest on any overdue Subscription Fees shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Newly HealthcareLink’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
- If the User owes Newly HealthcareLink any money the User shall indemnify Newly HealthcareLink from and against all costs and disbursements incurred by Newly HealthcareLink in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Newly HealthcareLink’s contract default fees, and bank dishonour fees).
- Without prejudice to Newly HealthcareLink’s other remedies at law, Newly HealthcareLink shall be entitled to cancel all or any part of any Vacancy Advertising Services (and/or any Job Posting Pack) supplied to the User which remains unfulfilled/unused and all amounts owing to Newly HealthcareLink shall, whether or not due for payment, become immediately payable if:
- any money payable to Newly HealthcareLink becomes overdue, or in Newly HealthcareLink’s opinion the User will be unable to make a payment when it falls due;
- the User becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
- a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the User or any asset of the User.
- The User may cancel their paid Newly HealthcareLink account at any time.
- The User’s paid account will remain in effect until it's cancelled or terminated under these Terms. If you don't pay for your Paid Account on time, we reserve the right to suspend it or reduce to a free account.
- Newly HealthcareLink may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
Referral Reward Payment Terms
- If we accept your referal reward to the post, you understand there will be one-off setup and management fee as per our pricing terms will be invoiced or debited from your account after successful activation of referral reward on the job post. You are agreeing to provide a “referral fee” that you have set for the introduction of candidates by Newly HealthcareLink partners and registered candidates You understand and agree that the fee, as determined by you, will be paid to the referral directly by you upon you successfully engaging a “referred candidate”. The fee is due and payable to referrar 30 days after the commencement of employment of the person engaged by you. Newly HealthcareLink will not take any responsible for paying the appropriate fee to the source of the referral. You acknowledge that the “referral fee” is for the referral of candidates only. Neither Newly HealthcareLink nor its referral partners nor registered candidates make any claim as to the individual’s ability to complete the tasks as required by you. You further understand and agree that you rely on your own enquiries with regard to matters you consider relevant in determining whether to engage the candidate.
- A profile created by the User is a summary of information regarding their career and work history to which the User attaches their resume. The User acknowledges and understands:
- a non-anonymous profile means the User consents to the immediate release of their resume;
- an anonymous profile means that an automatic notification will be sent to the User, requesting the release of their resume, and the User shall be entitled to deny such request.
- Newly HealthcareLink gives no guarantee to you of the continued availability of any particular job advertised on the Web 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 Web Site. Whilst Newly HealthcareLink takes efforts to ensure that jobs advertised are for actual job vacancies, it gives no guarantee to you that every job advertisement represents an actual job vacancy.
- The User is responsible for maintaining the confidentiality of the Access Details furnished by Newly HealthcareLink to the User. Furthermore, the User agrees that Newly HealthcareLink shall be in no way liable whatsoever for any unauthorised use of the Services.
- The User warrants that they shall take all reasonable steps to maintain the confidentiality of the Access Details, and shall notify Newly HealthcareLink immediately when the User, or a reasonable person in the position of the User, has reason to believe that there has been unauthorised use of such Access Details.
- The User acknowledges that where it is determined by Newly HealthcareLink (at their sole discretion) that any unauthorised third party has accessed the Web Site through the User’s Access Details, Newly HealthcareLink reserves the right to restrict the User’s access to the Web Site pending resolution of such.
- Newly HealthcareLink shall retain all legal and equitable rights in the Services, and all material (including any trademarks) posted on the Web Site by Newly HealthcareLink, irrespective of origin, unless otherwise agreed.
- The User may not reproduce, copy, transmit, publish, edit, upload, or deal with in any way whatsoever, any material posted by Newly HealthcareLink (or other user) on the Web Site, unless by the express prior written permission of Newly HealthcareLink.
- The User warrants that they shall not use the Web Site in any manner that infringes the copyright, or any other intellectual property, of any other person or entity, and agrees to indemnify Newly HealthcareLink against any action taken by a third party against Newly HealthcareLink in respect of any such infringement.
Limitation of Liability
- Newly HealthcareLink acts as a medium through which individuals seek employment opportunities and businesses advertise employment vacancies. Newly HealthcareLink does not vet, nor are they responsible for vetting, job candidates or the representations made by them (whether oral or in writing), including those representations appearing in resumes.
- Whilst Newly HealthcareLink, in providing the Services, shall make all effort to ensure their reliability, Newly HealthcareLink disclaims any liability whatsoever for any loss or damage caused by the User’s use of, or reliance on, the Services or Content (including any decision made, or action taken by the User in reliance upon any such information contained on, or omitted from the Web Site, and whatsoever Content and/or material is contained thereon), including, but not limited to, any representations made by Newly HealthcareLink, or servants of Newly HealthcareLink, concerning the Content, Web Site and/or Services.
- Any Content and/or material posted on the Web Site does not represent the views of Newly HealthcareLink, and is not endorsed by Newly HealthcareLink. This clause extends to cover any claims in connection with any actual, or anticipated, use and enjoyment of the Web Site, and any inability to use and enjoy the Web Site.
- Any liability whatsoever, howsoever incurred, in any form of action on the part of Newly HealthcareLink, shall be limited, subject to the maximum extent possible on a reasonably arguable view of the law, to the value of the consideration provided by Newly HealthcareLink
- The User indemnifies, and will keep indemnified, Newly HealthcareLink against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by Newly HealthcareLink in connection with:
- any breach of these terms and conditions by the User;
- any negligent act or omission by the User;
- the listing, or proposed listing, of any Content by the User on the Web Site;
- an actual or alleged breach of any law, legislation, regulation, by-law, ordinance or code of conduct by Newly HealthcareLink which occurs as a consequence of the Content contained on the Web Site.
- Newly HealthcareLink cannot, and does not, guarantee or warrant the availability of files for downloading from the Web Site or delivered via electronic email through the Web Site will be free from infection, viruses, worms, Trojans or other code that manifest contaminating or destructive properties. The User shall be 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 Web Site for the reconstruction of any lost data.
- Newly HealthcareLink does not guarantee the continued availability of any particular job vacancy or Resume Profile, advertised on the Web Site, and shall not be liable to the User (or any other party) should the vacancy be filled at any time prior to removal of the advertisement, or that such Resume Profile is deleted.
- The User is free to stop using Newly HealthcareLink’s Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:
- you're in breach of these Terms,
- you're using the Services in a manner that would cause a real risk of harm or loss to us or other users, or
- you don't have a Paid Account and haven't accessed our Services for 12 consecutive months.
- We won't provide notice before termination where:
- you're in material breach of these Terms,
- doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
- we are prohibited from doing so by law.
- Without prejudice to any other remedies Newly HealthcareLink may have:
- if at any time the User is in breach of any obligation (including those relating to payment, if applicable) under these terms and conditions, Newly HealthcareLink shall be entitled to suspend or terminate the User’s access to the Services. Newly HealthcareLink will not be liable to the User for any loss or damage the User suffers because Newly HealthcareLink has exercised its rights under this clause; and
- and notwithstanding anything else in this Agreement, Newly HealthcareLink unreservedly maintains the right, exclusive of procedural fairness, to suspend or terminate the User’s access to the Web Site if, in the subjective opinion of Newly HealthcareLink, the decision to do so is in the best interests of Newly HealthcareLink or other users.
- We may decide to discontinue the Services in response to unforeseen circumstances beyond Newly HealthcareLink's control or to comply with a legal requirement. If we do so, we'll give you reasonable prior notice so that you can export your Content from our systems. If we discontinue Services in this way before the end of any fixed or minimum term you have paid us for, we'll refund the portion of the fees you have pre-paid but haven't received Services for.
- We sometimes release products and features that we are still testing and evaluating. Those Services have been marked beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as Newly HealthcareLink's other services, so please keep that in mind.
The Commonwealth Fair Trading Acts (“FTA”) and Competition and Consumer Act 2010 (CCA)
- Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the FTA or the CCA in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable.
- Where the User contracts for Services as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.
- Any complaint made regarding the User (or another user) shall be investigated by Newly HealthcareLink, who may:
- contact the User (or another user), who is the subject of the complaint. Newly HealthcareLink will not disclose the identity of the complainer;
- where the complaint is formally made in writing and is substantiated by evidence capable of sustaining the complaint, require an explanation by the User (or another user) in question, which may be communicated to the complainer if it is deemed by Newly HealthcareLink to be reasonably necessary to do so;
- The Web Site (excluding any linked third party sites) is controlled by Newly HealthcareLink from their principal business premises in Australia. It can be accessed from countries around the world to the extent permitted by the Web Site. As each country has laws that may differ from Australia, by accessing this site, the User agrees that the laws and statutes of Australia shall apply to any dealings, actions or claims arising out of, or in relation to, this Agreement, or the User’s use of the Web Site, irrespective of any conflict with any laws and statutes applicable to the User’s country of domicile.
- The User further acknowledges and agrees that the filing of a claim against Newly HealthcareLink (if any) must be made in the State of Australia in which their principal business premises in Australia is domiciled, and that any legal proceedings will be conducted in English.
- Newly HealthcareLink makes no representation that Services offered through the Web Site are appropriate, available or suitable for use in countries outside of Australia, and accessing and/or utilising any Content from, or through, the Web Site which is illegal in your country of domicile is strictly prohibited.
- The failure by Newly HealthcareLink to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Newly HealthcareLink’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
- Subject to clause 12, Newly HealthcareLink shall be under no liability whatsoever to the User for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the User arising out of a breach by Newly HealthcareLink of these terms and conditions.
- Newly HealthcareLink may license or sub-contract all or any part of its rights and obligations without the User’s consent.
- Newly HealthcareLink reserves the right at all times, without the need to have to provide any notice to the User, to alter the functionality and/or appearance of the Web Site, including but not limited to, advertisements on the Web Site and/or as such advertisements are represented on mobile communication devices.
- Newly HealthcareLink shall not be liable, and shall make no allowance, whatsoever where the User fails to utilise the Web Site for any reason, unless Newly HealthcareLink confirms special prior arrangements in writing. In the event the User is unable to access the Web Site, the User must notify Newly HealthcareLink immediately.
- Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
- The User warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this Agreement creates binding and valid legal obligations on it.