Nursing Jobs and Allied Health Careers

ADVERTISER TERMS & CONDITIONS

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

 All amounts owing to Seabreeze Communications Pty Ltd (ABN 29 071 328 053) ("NCAH") by Advertisers must be paid within 30 days of the date of invoice notwithstanding any errors or omissions in any advertisement placed on the Site. NCAH 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. NCAH also reserves the right to disable Advertiser’s account with NCAH without notice and refuse to supply further services to Advertiser’s organisation if NCAH’s invoice is not paid within NCAH’s required trading terms.

NCAH does not accept payment by American Express nor Diners Club.

As a condition of using any services supplied by NCAH, 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 NCAH.

NCAH may review job advertisements prior to publication. NCAH reserves the right to withdraw without notice to the Advertiser (at the option of NCAH) any advertisement that may in NCAH's view be in breach of any clause of this agreement or of any law or regulation. NCAH 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, NCAH reserves the right to, in its absolute discretion, reject or remove any advertisement from the Site for any reason.

Advertisers indemnify and will keep indemnified NCAH, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by NCAH in connection with:

any breach of this agreement by the Advertiser;

any negligent act or omission by the Advertiser;

the listing or proposed listing of any advertisement by an Advertiser on
the Site or any related site; or

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.

NCAH 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.

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

NCAH 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.

NCAH makes every effort to avoid errors in advertisements it has agreed to post to the Site. However, NCAH 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 NCAH to edit errors brought to NCAH's attention as soon as reasonably possible.

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

The Advertiser warrants and undertakes that:
it has the legal capacity and power to enter into this agreement and perform its obligations under it;
advertisements and other works posted on the Site do not breach the intellectual property rights of any third party;
all files delivered to NCAH will be free of infection or viruses; and
it will not use the Site for any illegal purpose.Advertisers agree at all times to deal with any information or products provided by NCAH 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).

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 preference.

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.

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:
Trade Practices Act 1974 (Cth), including but not limited to s.53B 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;
Fair Trading Acts in all applicable States and Territories;
Privacy Act 1988 (Cth) including the National Privacy Principles; and
Estate Agents Acts in all applicable States and Territories.

Advertisers are not permitted to insert links to an external website within the details of a job ad or link from NCAH's job application process to any external websites or externally hosted application forms without NCAH's express written approval. Such approval is subject to specific terms and conditions.

Advertisers may not assign or transfer any rights and obligations pursuant to this agreement to any other person or entity without NCAH's prior written approval (which will not be unreasonably withheld). If Advertiser is a company, any change in Advertiser’s effective control shall be deemed an assignment for the purpose of this clause.

Advertisers agree that NCAH retains all intellectual property rights contained in any of the goods and services provided to Advertiser by NCAH

Advertisers acknowledge and agree that NCAH acts as a medium through which individuals NCAH employment opportunities and that NCAH 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 NCAH's resume database) made by them. NCAH 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 NCAH Site.

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 Advertiser posts ads on NCAH 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 NCAH 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.

Advertisers acknowledge and agree that they must only advertise one job role per job advertisement posted on to the NCAH Site. Where Advertisers have breached this obligation and have advertised multiple job roles in the one job advertisement, NCAH reserves the right to charge the Advertiser for the number of job roles advertised in the one job advertisement posted on to the NCAH Site

Access to the candidate resume database is available only to NCAH Advertisers who have been approved for resume search capabilities.

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 NCAH. Advertisers must not use or forward a candidate's resume without their permission.

Advertisers agree that pursuant to the Privacy Act 1988 (Cth), NCAH may obtain from either a credit reporting agency or other credit providers:
personal credit information about the Advertiser and/or its directors for the purpose of assessing an Advertiser's commercial credit application; and
a consumer credit report about the Advertiser for the purpose of collecting overdue payments relating to commercial credit owed by the Advertiser.

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.

NCAH reserves the right and Advertisers must accept as a condition of advertising on the Site, NCAH's right to re-classify advertisements posted to the Site, entitling NCAH to withdraw advertisements from one category of its Site and to re-publish advertisements in another category on the Site.

Advertisers placing "StandOut Ads" agree and acknowledge that:
StandOut Ad listing entitles the Advertiser to an advertisement which:
includes up to three bullet point “selling points”;
features the Advertiser’s logo at the right hand side of the Advertisement, provided that the Advertiser has submitted an electronic version of same for those purposes;  and
includes a border around the advertisement when displayed as a search result; and
unless the context requires otherwise all other terms and conditions of these Advertising Terms of Use shall apply to “StandOut Ads”.

NCAH 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 NCAH or through the NCAH Site, where NCAH believes changes are required in order to promote a consistent experience for job applicants using the Site or to enable NCAH to provide a more relevant ranking of job advertisements appearing on the Site for job NCAHers, including but not limited to the appearance of the job advertisements appearing on the NCAH Site.

Advertisers must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to NCAH without NCAH's prior written approval.

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.

Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.

 This agreement is governed by the laws of Victoria. Advertisers irrevocably and unconditionally submit to the 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.