Users of this site must read, agree with and accept all of the Terms and Conditions set out below.
- Prices payable by advertisers are set by The Australian Psychological Society Ltd (APS) ABN 23 000 543 788 and may vary without notice, other than in relation to agreed fixed price packages.
- All amounts owing to the APS by advertisers must be paid within 14 days of the date of invoice. Interest will be payable on any amount which remains unpaid on the due date at the rate fixed from time to time under section 2 of the Penalty Interest Rates Act 1983 (Vic) computed from the due date and the interest will accrue and be recoverable from day to day.
- Advertisers must pay the amount of all invoices in full notwithstanding any errors or omissions in any advertisement.
- All prices listed on www.psychxchange.com.au (Site) or advised by the APS include GST (as that term is defined in A New Tax System (Goods and Services Tax) Act 1999), unless specifically noted otherwise.
- Advertisers acknowledge that the APS may use all intellectual property in information or material provided by advertisers throughout the world, without restriction and at no cost.
- Advertisers understand and agree that the following actions constitute a new job advertisement: extending an advertisement beyond 30 days or reposting an archived advertisement. Changes to body copy, advertisement title, location, worktype or industry within the 30 day period of the advertisement may be negotiated with the APS and may, at the discretion of the the APS, constitute a new advertisement or additional billing event.
- Advertisers must adhere to the principles of truth in advertising as set out in the RCSAs Code of Practice. Advertisers should only place job advertisements for positions for which they have permission to recruit.
- The APS accepts no responsibility for the content of any job advertisements as they appear on the Site and candidates acknowledge that the APS has no control over the quality, safety or standard of positions advertised on the Site or the truth or accuracy of the information contained in the advertisements.
- Advertisers warrant and represent to the APS that all information they provide is accurate, does not breach the rights of any person and does not breach any law, including without limitation the Human Rights and Equal Opportunity Commission Act 1986 and any other anti-discrimination legislation applicable in the State(s) in which the advertisers conduct business. Where an exemption has been granted, the exemption number must be included in the advertisement submitted to the APS.
- The APS may, at its discretion, refuse to accept or remove from the site any advertisement if it believes the advertisement may infringe the rights of any person, may not comply with all applicable laws and regulations, or for any other reason whatsoever.
- Whilst the APS makes every effort to avoid errors in advertisements, it accepts no responsibility or liability for any errors. It is the responsibility of advertisers to check their advertisements as soon as they are placed on the Site. Any errors may be edited immediately by the APS.
- The APS makes every reasonable effort to publish advertisements in the shortest possible time. The APS 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 APS gives no guarantee of continued availability of any particular job advertised on the Site, and will not be responsible should the job vacancy be filled at any time prior to removal of the advertisement from the Site.
- To become a registered user and have a login account, advertisers and the APS members must provide a password and login user name. Users are entirely responsible to maintain the confidentiality of their password and login name, and for any and all activities that occur under your login name. Advertisers may change their password or login at any time by following the instructions that can be found on this Site. Users may also delete services attached to their registration. Users agree to immediately notify the APS of any unauthorised use of their login name or any other breach of security known to the user. The APS accepts no liability whatsoever for the misuse of users’ passwords or login names.
- Advertisers may not assign or transfer their rights and obligations to any other person without the APS’s prior written approval (which will not be unreasonably withheld). If an advertiser is a company, any change in the effective control of the company shall be deemed an assignment for the purpose of this clause.
- The APS makes no representation or warranty 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 codes that manifest contaminating or destructive properties. Users are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and maintaining a means external to the site for the reconstruction of any lost data.
- Tte APS makes no representation or warranty that access to the Site will be uninterrupted, error-free, timely, complete or secure. The APS will not be liable for any damages (including direct, indirect, consequential, incidental and exemplary) in the event that the Site is unavailable to users for any reason, including due to interruption, suspension, termination, computer or communications link downtime, malfunction, upgrades, preventative or remedial maintenance activities.
- The APS will not be liable for any damages (including direct, indirect, consequential, incidental and exemplary):
- if a candidate is not given, or does not obtain a job for any reason;
- if there is any deficiency or inaccuracy in the Site attributable to a lack of maintenance of the Site;
- in relation to a notice not appearing according to instructions; or
- which may be suffered or incurred or which may arise directly or indirectly in respect of services supplied by the APS.
- These terms and conditions do not exclude any warranties and liabilities that cannot be disclaimed under the Trade Practices Act (Cth) or similar State or Territory legislation. Otherwise, the APS excludes all warranties and liabilities which may be implied by law. To the fullest extent permitted by law, the APS’s liability for breach of any implied warranty or condition in relation to services supplied or offered by the APS which cannot be excluded is restricted, at the APS’s option, to supply of the services again, or the payment of the cost of supplying the services again.
- Advertisers unconditionally agree to indemnify the APS and hold the APS harmless (including all of its officers, agents, employees and affiliates) from and against any and all loss, damage, liability and expense (including all reasonable legal fees) suffered or incurred by reason of any claims, proceedings or suits based on or arising out of the publication of, or any act or omission in relation to, the content of advertisements, including but not limited to claims related to defamation, contempt of court, rights of publicity and/or privacy, copyright infringement, trade mark infringement, misleading or deceptive conduct and any failure to comply with or fulfil any representations, warranties or agreements made in the relevant advertisement.
- If the APS suffers loss or damage or incurs any costs in connection with a breach of these terms or conditions, or any other legal obligation, advertisers and candidates agree to indemnify the APS (including all of its officers, agents, employees and affiliates) for those losses, damages and costs which are attributable to their breach.
- The APS retains all intellectual property in the information provided on the Site. The Site is owned and operated by the APS, and material is protected by Australian and international copyright and trademark laws.
- Information contained on this Site is for personal use only and may not be sold or restricted. Users may download material from this Site for their personal, non-commercial use only, provided that all copyright and other proprietary notices are kept intact. Users may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site, including codes and software. This Site must not be used for any purpose that is unlawful or prohibited by these terms and conditions.
- Information published on this Site provides general information only. It is not intended as advice and must not be relied upon as such. It is the sole responsibility of users to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site. In no event will the APS be liable to any user or anyone else for any decision made or action taken by a user or anyone else in reliance upon the information provided through the Site.
- THe APS has provided links and pointers to Internet sites operated and maintained by third parties. Such linked sites are not under the control of the APS and the APS is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any like contained in a linked site. The APS is providing these links only as a convenience, and the inclusion of any link does not imply the endorsement by the APS of the linked site. The APS is not responsible for the copyright compliance of any linked site. Users link to any such site entirely at their own risk. THe APS will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided.
- While the the APS takes all reasonable care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transmit over the Internet or while stored on the APS systems. The APS accepts no responsibility or liability should this occur.
- These terms and conditions are governed by and construed in accordance with the laws of Victoria and all users of this Site irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria.
- If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from the terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.