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Vivir Healthcare Terms and Conditions

 Vivir Healthcare Limited (ABN 90 094 275 260 ) (“Vivir Healthcare”, “us”, “we” or “our”) owns and operates (the “Website”). The Website is governed by these terms of use (“Website Terms of Use”). By accessing and using the Website in any way, you accept these Website Terms of Use. If you do not agree to these Website Terms of Use, do not access or use the Website.

2. Changes to the Website Terms of Use

We may amend or update the Website Terms of Use from time to time. Your access or use of the Website after an updated version of the Website Terms of Use has been made available on the Website indicates your acceptance of the Website Terms of Use as changed by us.

3. Website and Vivir Healthcare Content

The Website and all materials displayed on the Website, including all content on the pages or screens of the Website, text, graphics, advertisements, names, logos and trademarks (whether registered or not) (collectively “Vivir Healthcare Content”) are our property or the property of their respective owners, and are protected by copyright, trademark and other intellectual property laws. All Vivir Healthcare Content and the Website are subject to changes or discontinuity at any time. Changes may include imposing limits on certain features or restricting your access to parts of the Website or Vivir Healthcare Content. Whilst Vivir Healthcare endeavours to keep the Website and Vivir Healthcare Content updated, they are provided on “as is” basis. To the extent permitted by law, Vivir Healthcare makes no representations or warranties about the accuracy, adequacy, completeness or currency of Vivir Healthcare Content, including information in respect of any job vacancies and description, and disclaims liability for any error, omission and your use or reliance on the Website and Vivir Healthcare Content.

4. Your use of the Website and Vivir Healthcare Content

You may use the Website and Vivir Healthcare Content for your personal purposes only. You may, for reference only, keep a temporary copy in the cache of your computer or device and make a single copy of the Vivir Healthcare Content, provided that the copy is unaltered in form, content or otherwise and contains all proprietary notices as originally displayed in the original page or document on the Website. You may not otherwise in any form or by any means, use, reproduce, modify, distribute, publish or create derivative works from, or use for any commercial purpose, any part of the Website or Vivir Healthcare Content. In particular, you are prohibited from entering or attempting to enter any Vivir Healthcare systems, using any form of data mining, robots, or similar data gathering and extraction tools, reproducing or "framing" any pages of the Website or Vivir Healthcare Content.

Any replication, copying or sharing of job ads posted on the Website site is strictly prohibited unless authorised by Vivir Healthcare’s delegated authority. You indemnify Vivir Healthcare against all losses, damages, costs, claims and expenses incurred or suffered by Vivir Healthcare due to your breach of this clause. 

5. No illegal use

You must not use the Website, any of the Vivir Healthcare Content or any Linked Site in any manner or for any purpose which is illegal or prohibited by any laws. You agree to use the Website, Vivir Healthcare Content or any Linked Site for lawful purposes only and not post or transmit any information or material which in any way infringes or violates the rights of others or which is unlawful, defamatory, threatening, invasive of privacy or publicity, obscene, harassing or otherwise objectionable.

6. Accounts and Passwords

If you are a registered user of the Website (e.g. ‘Job Alerts’), you are responsible for maintaining the confidentiality of your account and password (“Login Details”). You are responsible for all use of your username and password. Without limiting your responsibility, you must promptly advise Vivir Healthcare of any disclosure of your account and password details, and any unauthorised use. Vivir Healthcare accepts no liability for any unauthorised use of your Login Details.

7. Your Information

You are responsible for all personal information you provide on the Website, including any documents or forms uploaded to, filled in and/or accepted by you within the Website (“Your Information”).

You acknowledge and agree that:

(a) the provision of Your Information, for a job alert or otherwise are your own decision, at your own risk; and

(b) neither Vivir Healthcare or Vivir Healthcare’s clients are responsible for identifying, verifying or seeking correction of errors or omissions in Your Information.

8. Job Vacancies and Recruitment Process

You acknowledge and agree that:

(a) Vivir Healthcare and will access your application based on Your Information as submitted on the Website;

(b) there is no commitment from Vivir Healthcare regarding the job vacancy, job description or your success in the recruitment process for which you provided Your Information;

(c) the application process on the Website and any related job vacancy may be suspended or cancelled by Vivir Healthcare or a Vivir Healthcare client without notice;

(d) Vivir Healthcare disclaims any liability in respect of job description or availability, or choice of candidate by Vivir Healthcare’s clients. Vivir Healthcare uses reasonable efforts to monitor and ensure that job vacancies posted on the Website are accurate, current and/or continue to be available but cannot provide any guarantees in this respect;

(e) by ‘clicking and accepting’ or applying your signature onto any document provided to you through the Website, either electronically, digitally or otherwise, you are legally accepting and/or confirming your have read and understood the terms provided to you and that the document becomes binding on you; and

(f) you are responsible for seeking and obtaining professional advice in respect of any terms or documents arising from or in connection with your use of the Website and you participation in the recruitment process.

9. Links to Third-Party Websites

The Website may contain links to websites operated by other entities, which in turn may contain hyperlinks to further third party websites (collectively “Linked Websites”). Access to Linked Websites is provided for convenience only, and you are responsible for evaluating whether you want to use a Linked Website.

You acknowledge that:

(a) when accessing and using any Linked Websites, you will be subject to their specific terms and conditions of use and privacy policy;

(b) CMG does not control or endorse, and Vivir Healthcare is not responsible for, any features, content, products or other materials on or available from a Linked Website;

(c) Vivir Healthcare is not a party to your relationship with the owners or operators of a Linked Website, and any rights, claims or actions you may have in respect of a Linked Website may only be brought directly against the owners or operators of the Linked Website; and

(d) Vivir Healthcare may receive payments and/or commissions from owners or operators of Linked Websites, and you will not benefit from or have any claims or right to these payments.

10. Social Media

Vivir Healthcare operates official pages or accounts on social media websites (e.g. Facebook, LinkedIn, YouTube, and Twitter) (“Social Media Websites”) which may be Linked Websites. In addition to the terms of any Social Media Site, Vivir Healthcare will consider any content you publish on or in relation to Vivir Healthcare’s official page or account as subject to the these Terms of Use. Vivir Healthcare retains editorial control over its Social Media Websites and may edit or remove any content you post which it considers to breach these Terms of Use or the terms of the Social Media Website. Vivir Healthcare may also report your activity to the operator of the Linked Website.

11.   Australian Consumer Law

Consumers have certain rights under the Australian Consumer Law and similar state and territory legislation, which include statutory guarantees that cannot be excluded, and nothing in these Website Terms of Use operates to exclude these statutory guarantees. To the extent permitted by law, Vivir Healthcare’s liability under any such statutory guarantee is limited, at Vivir Healthcare’s option, to replacement or resupply of goods or services, or payment of the cost of such replacement or resupply.

12. Liability and indemnity

Subject to paragraph 10, Vivir Healthcare, Vivir Healthcare’s directors, officers, agents, employees or contractors are not liable to you, and you indemnify and hold Vivir Healthcare harmless in respect of any and all claims, loss or damage, however arising (whether in negligence or otherwise) in connection with:

(a) your failure to comply with the Website Terms of Use;

(b) your use, misuse or reliance on the Website and Vivir Healthcare Content;

(c) your use, misuse or reliance on Linked Websites;

(d) any acts or omissions by you or any person accessing or using your account on the Website, or your Login Details (whether or not with your knowledge or authorisation); and

(e) any information provided by you on the Website, including Your Information, and the completeness, adequacy, accuracy and currency thereof;

(f) infringement of any third party rights by Your Information;

(g) any authenticity issues with Your Information or any accompanying documentation; and

(h) the outcome of the application process.

To the extent permitted by law and without limiting paragraph 10, Vivir Healthcare shall not be liable for any consequential or indirect or other special category of loss or damage, including loss of data, arising from or in connection with your use of the Website, Vivir Healthcare Content or Linked Websites.

13. Website Disclaimers

Subject to paragraph 11 and to the extent the law permits:

(a) you acknowledge that your use of the Website, Vivir Healthcare Content and Linked Websites are entirely at your own risk and are provided without warranty, either express or implied;

(b) Vivir Healthcare disclaims responsibility for any interference, loss or damage to your data, computer system, or mobile device which arises in connection with your use of the Website; and

(c) although reasonable precautions have been taken, Vivir Healthcare does not guarantee the Website will be continually available or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted through the Website.

14. Analytics Data

To assist us in reviewing and improving the Website, we may use third party data analytics on the Website to receive and store certain statistics from the Website such as information about operating systems and devices used to access the Website, number of visitors and time spent on the Website, new and returning users and page viewings (Analytics Data). Analytics Data does not capture personal information or identify you. We may store such Analytics Data on databases owned and maintained by us or our affiliates, agents or service providers. Vivir Healthcare retains all rights to these databases and the information contained in them. We also may disclose Analytics Data in order to describe our services to current and prospective clients and to other third parties for other lawful purposes.

15. Termination

We may terminate your access to any part or the whole of the Website and Vivir Healthcare Content at any time without reason or notice. The Website Terms of Use will survive such termination.

16. Jurisdiction

The Website Terms of Use are governed by the laws in force in New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts in that place.

17. Entire Agreement

These terms and conditions constitute the entire agreement between us and you. If any part of this Website Terms of Use is found invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Website Terms of Use will continue in full force and effect.