1. This Agreement
1.1 Accepting this Agreement
- By using the Website, you agree to comply with and be bound by the terms and conditions of this Agreement. These terms govern your access to and use of the Website.
- If you do not agree to these terms, you have no right to obtain information, make referrals, receive rewards or otherwise continue using the Website.
- These terms are binding on any use of the Website and apply from the time you first access the Website.
- You must not use this Website if you are not able to form legally binding contracts or are under the age of 18.
- It is your obligation to ensure that you have read, understood and agree to the most recent terms available on the Website.
- We may amend this Agreement at any time by posting the new terms and conditions on the Website, unless otherwise stated in this Agreement.
1.2 Contacting Us
Please email us at email@example.com if you have any questions relating to these terms and conditions.
Unless the terms and conditions of the Agreement explicitly state otherwise, expressions used in the Agreement have the following meanings:
Avidian Recruitment Referral Scheme means the referral scheme where you may (subject to the terms of this Agreement) be rewarded for your referral of doctors to Avidian.
Account means your account to login to the Account-restricted portions of the Website and/or sign up for recruitment services.
Agreement means this document and any additional policies available on the Website.
Customer means the Account owner and its authorised users.
Intellectual Property Right means all present and future rights conferred by statute, common law or equity (and all moral rights) in or in relation to business names, circuit layouts, computer software, confidential information, copyright, designs, domain names, formulas, inventions, knowhow, patents, plant varieties, recipes, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.
Non-Excludable Condition means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded.
Privacy Law means:
- the Privacy Act 1988 (Cth); and
- any code registered under the Privacy Act or Australian Privacy Principles.
Representative includes an employee, agent, officer, director, auditor, advisor, researcher, partner, consultant, contractor, sub-contractor or related entity of that person or of a related body corporate of that person.
You means a person or entity using the Website.
Us, we, our or Avidian means Avidian Recruitment Pty Ltd ACN 621 295 547
Website means the website located at www.avidian.com.au.
3.1 Information Purposes Only
- All information available on the Website is for informational purposes only and is to be used or relied on at your own risk.
- We make no warranty or representations as to the accuracy of the information.
3.2 Third party links
The Website may contain hyperlinks and other pointers to websites operated by third parties. We do not control these third party websites and are therefore not responsible for the content of any third party website or any hyperlink contained in a third party website. We provide the hyperlinks for your convenience only and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of a third party website or the products or services offered at a third party website. Your visit to a third party website is entirely at your own risk.
3.3 Website not locally available
You acknowledge and agree the Website will only be accessible using the Internet (or other connection to our third-party servers) and will not be available “locally”.
3.4 Parts of the Website controlled by third parties
You acknowledge and agree that the Website is operated from servers owned and controlled by a third party. As such, you acknowledge that certain functions are out of our control, including data storage and backup.
3.5 We can change the Website at our discretion
We reserve the right to upgrade, maintain, tune, backup, amend, add to or remove items from, redesign, improve or otherwise alter the Website at our sole and absolute discretion.
3.6 Data storage with third party
We may subcontract the storage of any data to a third party (or multiple third parties) without notification to or consent from you.
3.7 Unintentional inaccessibility
From time to time, without notice, access to all or part of the Website may be disrupted or limited. During such an interruption, we will use reasonable endeavours to restore access to the Website as soon as practicable.
3.8 Intentional inaccessibility
We reserve the right to make some or all of the Website inaccessible from time to time as is required for upgrades, maintenance and updates.
- You acknowledge and agree that there may be technical or administrative errors in the information provided via the Website.
- We reserve the right to do any of the following, at our absolute discretion, without notice:
- correct any errors in the Website; or
- update the Website.
4. User Account
4.1 Accessing the Website
You acknowledge and agree that to receive the full benefit of the Website, you may be required to:
- provide us with Personal Information; and
- create an Account with us.
4.2 Provision of information
You agree to provide any information reasonably requested by us for the purpose of setting up your Account, operating the Website and providing recruitment services. You warrant that:
- all of the information you provide to us is accurate and complete in all respects;
- you will inform us by updating your Account details whenever any such information changes; and
- you will not provide false or misleading information.
The Term for an Account begins when you sign up to use the Website and continues until:
- you cancel your Account; or
- this Agreement is terminated.
4.4 Declining your Account
We reserve the right to reject any new Account in our absolute discretion.
4.5 Right to suspend
We reserve the right to:
- limit or suspend your access to the Website; and
- alter the account information entered by you via the Website,
if in our reasonable opinion:
- you are in breach of any of the obligations or undertakings in this Agreement;
- your Account is not used for a period of greater than 1 month; or
- we suspect a security breach associated with your Account.
4.6 Security responsibilities
- We will take reasonable steps to ensure the Website is secure from unauthorised access consistent with generally accepted industry standards.
- You must take reasonable steps to ensure security, including (but not limited to):
- Setting strong passwords and access control mechanisms;
- Safeguarding access to all logins and passwords (preferably with an industry-grade two-factor or hardware authentication system);
- Verifying the trustworthiness of persons with account access information;
- Implementing any relevant procedures recommended by the Department of Industry, Innovation and Science (see – https://www.business.gov.au/Risk-management/Cyber-Security) and the Australian Cyber Security Centre (see – https://www.acsc.gov.au/ and https://cyber.gov.au) from time to time; and
- Ensuring usernames and passwords are not inadvertently disclosed.
- If you become aware the security of your Account may be compromised, you must immediately notify us.
5. Lawful use of the Website
5.1 Lawful Use
You undertake not to upload, store, alter, configure or access any data on the Website if such access would result in a breach of any:
- Intellectual Property Right;
- Privacy Law;
- other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory); or
- other law or applicable code in the jurisdiction in which you are operating.
5.2 Prohibited conduct
You must not:
- use an Account unless you have the express authority of the Account holder;
- provide false or misleading information;
- in any way tamper with, hinder or modify the Website;
- knowingly transmit any viruses or other disabling features to the Website or via the Website;
- intentionally disable or circumvent any protection or disabling mechanism related to the Website;
- install or store any software applications, code or scripts on or through the Website;
- use the Website in any way which could be reasonably expected to interfere with or damage our’ Website or another user’s use of the Website or the Website we provide; or
- attempt any of the above acts or facilitate or assist another person to do any of the above acts.
6.1 Referrals and the Website
Avidian operates the Website for two purposes:
- To facilitate the referral by third parties of doctors who may be in need of placements with employers, practices or other businesses; and
- To link doctors with potential employers, practices or other businesses.
6.2 Making a referral
- Referrals of doctors can be made via our website.
- You may refer an unlimited number of prospective doctors to us, however individual prospective doctors can only be referred once.
- You must be registered with Avidian Recruitment to make referrals.
- You must ensure that you have permission to submit any personal information about the individual to whom that information relates.
- Candidates must name you as the referrer to have the referral credited to your Account;
- You will not receive credit for a referral if a candidate already exists within our database.
- For a referral to be deemed a success the following must be met:
- The referred doctor must register with Avidian;
- The referred doctor must be a general practitioner or specialist who holds valid qualifications to practice and give medical advice in the relevant jurisdiction;
- The referred doctor must:
- successfully complete the initial 3 months of a minimum 6 month fixed term contract with an employer; or
- complete a minimum of 2 locum placements with employers;
who have recruited the doctor using Avidian.
6.3 Rewards Scheme
- We may offer rewards to you for Successful Referrals from time to time.
- The details of the Referral Scheme will be sent to your email following your first referral, and state:
- the reward for each successful referral;
- the time period for which that reward will be offered; and
- any other special conditions decided in our absolute discretion.
- Your eligibility for the Avidian Recruitment Referral Scheme is subject to you complying with the terms of any agreement between you and us in relation to any locum or fixed term placement.
6.4 No Entitlement
- Nothing in this Agreement entitles you to any particular rewards under the Avidian Recruitment Referral Scheme and we maintain the right to provide, alter, reduce or deny any rewards at our absolute discretion.
- We will not be responsible for the failure of any prospective employer or business to engage a doctor who you have referred to through the Website.
- We accept no liability, and you agree and acknowledge that we are not liable for, any claim, liability, loss, damage or consequential loss (howsoever arising) caused by or in relation to the Avidian Recruitment Referral Scheme.
7.1 Not a Party to Contractual Relationships
We provide the Website merely as a means through which doctors and potential employers can connect with one another. Nothing in this agreement or elsewhere should be construed as creating any kind of vicarious relationship or duty on our part.
7.2 Not Employers
You acknowledge and agree that we do not employ doctors and nothing within this Website or elsewhere should be construed as an offer of an employee/employer relationship.
9. Loyalty Programs
9.1 Offer of Loyalty Benefits
- We may from time to time offer loyalty benefits or rewards for referrals and/or completion of contracts. These will be offered in writing and on a case-by-case basis.
- Nothing in this Agreement entitles you to any rewards, payments or other benefits except as expressly stated by us.
- Any benefits or rewards offered by us from time to time are ‘one-off’ and do not represent a continued entitlement to those benefits or payments (unless otherwise agreed).
10. Intellectual Property
10.1 Our intellectual property
We own or have a licence to use the Intellectual Property Rights in the Website, and in any circumstances where we do not automatically have such ownership, you will transfer it to us and will do all things necessary to ensure that full legal ownership of the Intellectual Property Rights in the Website passes to us.
10.2 Undertakings regarding intellectual property
You warrant that you will not do any of the following, or permit any person over whom you have effective control to do so:
- copy or reproduce, or create an adaptation or translation of, all or part of the Website in any way, except to the extent that reproduction occurs automatically through the ordinary use of the Website in accordance with this Agreement;
- incorporate all or part of the Website in any other webpage, site, application or other digital or non-digital format;
- (subject to other rights explicitly granted under the Agreement) sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge, any portion of the Website on any medium; or
- directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, or algorithms contained in the Website or any documentation associated with them.
Subject to any applicable Non-Excludable Condition, we make no warranties or guarantees:
- the Website is of acceptable quality and fitness for a particular purpose;
- regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.
12. Limitation of Liability
12.1 Implied Conditions
We exclude all implied guarantees, conditions and warranties from this Agreement except any Non-Excludable Condition.
12.2 Limitation of Liability
We exclude all other liability for any costs, including consequential loss, suffered or incurred directly or indirectly by you in connection with this Agreement, including in connection with:
- the Website being inaccessible for any reason;
- incorrect or corrupt data, lost data, or any inputs or outputs of the Website;
- computer virus, trojan and other malware in connection with the Website;
- security vulnerabilities in the Website or any breach of security that results in unauthorised access to, or corruption of data;
- any unauthorised activity in relation to the Website;
- your breach of this Agreement; or
- any act or omission by you, your personnel or any related body corporate under or in relation to this Agreement.
12.3 Non-Excludable Condition
Where a Non-Excludable Condition is deemed to apply, to the fullest extent possible under the law, we limit our liability for any breach to:
- in the case of goods:
- the re-supply of the goods or payment of the cost of the re-supply of the goods; or
- the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and
- in the case of any services:
- the resupply of the services; or
- the payment of the cost of having the services resupplied.
You indemnify us, including our directors, employees, contractors, agents, subsidiaries and related bodies corporate against all costs suffered or incurred by us, however caused, arising wholly or partially, directly or indirectly, in connection with this Agreement or your use of the Website, including any costs arising directly or indirectly from:
- your breach of this Agreement;
- your failure to include correct information on your Account or while making referrals on the Website;
- you or any of your authorised user’s infringement of any third party Intellectual Property Rights while using the Website; or
- your breach of any Privacy Laws.
We may end this Agreement immediately if:
- in our reasonable opinion you are in breach of this Agreement;
- we cease to provide the Website;
- your Account remains suspended for a period of more than 7 days; or
- for any other reason by notifying you 14 days in advance.
14.2 Actions upon termination
- you must immediately stop using the Website; and
- we reserve the right to permanently erase any data associated with your Account; and
- you will no longer have access to your Account.
15. General and interpretation
We may assign, encumber, declare a trust over or otherwise create an interest in our rights under this document without your consent, and may disclose to any potential holder of the right or interest any information relating to this document or any party to it.
You grant us an irrevocable, royalty free, worldwide, perpetual, unrestricted license to use any content, material or documentation you submit or provide to us via the Website.
15.3 Governing law
The laws of Queensland, Australia govern this Agreement. The parties submit to the nonexclusive jurisdiction of courts exercising jurisdiction there.
15.4 Multiple Parties
If a party to this Agreement is made up of more than one person, or a term is used in this Agreement to refer to more than one party:
- an obligation of those persons is joint and several;
- a right of those persons is held by each of them severally; and
- any other reference to that party or term is a reference to each of those persons separately, so that (for example) a representation, warranty or undertaking is given by each of them separately.
15.5 Operation of this document
- This document contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this document and has no further effect.
- Any right that a person may have under this document is in addition to, and does not replace or limit, any other right that the person may have.
- Any provision of this document which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this document enforceable, unless this would materially change the intended effect of this document.
Nothing in this Agreement is intended to create or be construed as creating a relationship of agency, joint venture or partnership between any of the parties. Unless expressly stated in this Agreement, no party may act as agent of or in any way bind another party to any obligation.
15.7 No Entitlement
You shall not be entitled to any monetary reward or payment from us except as expressly agreed to by us in writing.
15.8 No Guarantee
We make no guarantees in relation to our ability to match any doctor with any potential employee, and you expressly discharge us of any obligation regarding same.
Neither party has entered into any contract under this Agreement in reliance on or as a result of any representation, promise, statement, conduct or inducement by the other otherwise than as set out in this Agreement.
Unless the terms and conditions of the Agreement explicitly state otherwise, the Agreement will be interpreted as follows:
- a reference to a party includes that party’s permitted assigns, administrators, successors, executors, legal representatives and any novated party;
- any reference to a trustee includes any substituted or additional trustee;
- unless used for the usual grammatical purpose, inverted commas around a term indicate industry jargon that will be interpreted according to how that term would be understood by an individual with expertise in the relevant industry;
- “including”, “includes” or any derivation of those words does not limit the matter in question to the things specifically mentioned in the applicable context;
- where a term is defined, other grammatical forms of that term will be taken to have the same meaning;
- headings are for convenience and will not affect interpretation;
- words in the singular will be taken to include the plural and also the opposite;
- “$” means the Australian dollar;
- a reference to a document will be to that document as updated, varied or amended;
- a document referenced by the Agreement will not take precedence over the referencing document;
- when any kind of legislative instrument is referenced, the reference will be taken to be that instrument as updated or substituted for by the legislative body in any way;
- where a “URL” is mentioned, the non-operation of the “URL” will not render the rights and obligations associated with it invalid;
- any referenced digital resource may be replaced with another digital resource that is a “copy” of the original resource;
- a reference to a party’s conduct includes omissions as well as acts;
- if a party is described as having discretion in a matter, the discretion in that matter will be interpreted as sole and absolute; and
- where a party is required to do “anything necessary”, this includes executing agreements and other legal instruments.