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Advertising Terms of Use

Definitions

In these terms and conditions words have the following meaning unless the context otherwise indicates:

“Advertiser” or “You” means a person, firm, company, entity, association, authority, organisation or agency that advertises on the Site.

“Agreement” means these Advertising Terms of Use.

“Applicable Law” means any law, legislation, regulation, by-law, ordinance or code of conduct which applies to the Advertiser.

“Candidate” means a person who applies to an advertisement on the Site and includes a reference to job seekers and job candidates.

“Claims” means all actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute, arising out of any matter referred to in this Agreement or any transaction contemplated therein, other than actions to enforce this Agreement.

“Us, our, we” refers to Medfin Australia Pty Ltd (ABN 89 070 811 148) and National Australia Bank Limited (ABN 12 004 044 937), together or separately as the context requires.

“Newsletter” means any periodical newsletter that we issue from time to time.

“Site” means materials delivered on www.medfin.com.au and other co-branded versions of the Site.

“User” means any person accessing the Site for any reason whatsoever and includes a reference to Advertisers and Candidates.

“Website Terms of Use” means the terms and conditions applicable to the use of the Site by all Users.

1. Interpretation

The following rules of interpretation apply unless the context requires otherwise:

a) Any reference to a party to this document includes a reference to his, her, or its, executors, administrators, successors and permitted assigns;

b) A reference to an Act of Parliament, code or law or section of schedule of that Act, Code or Law will be read as if the words “and any statutory modification or re-enactment of it or substitution for it” were added to the reference and includes all statutory instruments issued from time to time under that Act, Code or Law, and;

c) References to any document, agreement or other instrument include references to such document, agreement or instrument as amended, novated, supplemented, varied or replaced from time to time except to the extent prohibited by this Agreement.

2. Interpretation

The following rules of interpretation apply unless the context requires otherwise:

a) Any reference to a party to this document includes a reference to his, her, or its, executors, administrators, successors and permitted assigns;

b) A reference to an Act of Parliament, code or law or section of schedule of that Act, Code or Law will be read as if the words “and any statutory modification or re-enactment of it or substitution for it” were added to the reference and includes all statutory instruments issued from time to time under that Act, Code or Law, and;

c) References to any document, agreement or other instrument include references to such document, agreement or instrument as amended, novated, supplemented, varied or replaced from time to time except to the extent prohibited by this Agreement.

3. Terms of Use

(a) These terms and conditions (Advertising Terms of Use) govern all use of the Site or a Newsletter for advertisements, including these pages:

  • Positions Vacant
  • Practices for Sale/Rent
  • Equipment for Sale

These Advertising Terms of Use are to be read and construed in conjunction with the Website Terms of Use and Privacy Policy.

(b) The Advertising Terms of Use may be changed at any time, without warning or notification by Medfin, by updating this document and posting the amended terms on the Site.

(c) If You do not agree with the Advertising Terms of Use, do not advertise on this Site. By using this Site You accept the Advertising Terms of Use and agree to be entirely bound by this Agreement.

4. Advertiser’s Obligations

By using this Site You agree to comply with each duty and obligation imposed or undertaken upon You pursuant to this Agreement including the observation of and compliance with the following terms of use:

(a) (in relation to employment related advertisements): Advertisers may only communicate with Candidates about the specific vacancy to which Candidates have applied;

(b) Advertisers are not permitted to create a link from the Site to any external websites without Medfin’s consent;

(c)  Advertisers must not use the Site in a manner that is illegal or unlawful, including posting any form of material (including advertisements and communications) on the Site that is by its nature, illegal or unlawful, offensive, harmful, incomplete, false, misleading, deceptive or likely to mislead or deceive Users;

(d) Advertisers shall observe and comply with all Applicable Laws including, without limitation, the Australian Human Rights Commission Act 1986 (Cth), child protection legislation, anti-discrimination legislation, workplace health and safety legislation and equal opportunity legislation applicable in the relevant State and Territory in which the Advertiser conducts business. Where an exemption to comply with any Applicable Law has been granted, the Advertiser must include the exemption number with respect to the relevant legislation in the advertisement submitted for posting on the Site, and;

(e) Advertisers shall not post advertisements or any other material on the Site that breaches the intellectual property rights of Medfin and its related companies, or any other third party.

5. Reservation of Rights

Medfin reserves the right to:

(a) amend any advertisement posted on the Site at its discretion, to comply with the Applicable Law, for database search and classification purposes, or for any other reason it deems appropriate;

(b) remove any advertisements at Medfin’s absolute discretion, including but not limited to those advertisements that Medfin considers may be in breach of the Advertising Terms of Use or Applicable Law, or;

(c) take necessary action, including the reporting of illegal or unlawful material posted (including advertisements and communications) by Advertisers to the relevant authorities.

6. Venue Only

(a) This Site is a venue only and with respect to its employment advertisements pages, acts as a communications platform for enabling the connection between prospective employers and Candidates seeking employment. Medfin does not investigate, interview or screen Candidates or verify the accuracy of resumes submitted by Candidates.

(b) We do not monitor or guarantee the success of any advertisement posted to this Site. Advertisers are solely responsible for the form, content and accuracy of all advertisements placed by them on this Site.

(c) Advertisers accept full responsibility for satisfying themselves on the suitability of any Candidate in relation to employment advertisements.

7. Indemnity

(a) Advertisers indemnify and will keep indemnified Us, our officers, employees and agents (Those Indemnified) against all Claims, liabilities, actual or contingent costs, damages and expenses incurred by Those Indemnified in connection with:

  • any breach of this Agreement or any negligent act or omission by the Advertiser;
  • the listing or proposed listing of any advertisement by an Advertiser on the Site, or;
  • an actual or alleged breach by the Advertiser of any Applicable Law which occurs as a consequence of the Advertiser’s advertisement appearing on the Site.

8. Miscellaneous Provisions

(a) Advertisers may not assign or transfer any right or obligations pursuant to this Agreement to any other person or entity without our prior written consent (which shall not be unreasonably held).

(b) If any part of this Agreement is void or invalid that part shall be severed from the Agreement and the remainder of this Agreement shall continue to be in full force and effect.

(c) This Agreement shall be governed in accordance with the laws of the state of Victoria; Australia and Users hereby submit to the non-exclusive jurisdiction of the Courts of that state.

(d) Termination of this Agreement will not end those provisions that are capable of surviving the termination of this Agreement.