RESCUE MY RESUME
TERMS AND CONDITIONS
Thank You for choosing to work with Rescue My Resume via enrolment in the Resume Writer School program.
These Terms and Conditions govern the relationship between the Parties.
By clicking “accept” You agree to these Terms and Conditions.
You are the Client, and Your details are set out on the Payment Page of the Website.
Rescue My Resume Pty Ltd (ACN: 635 786 882) t/a Rescue My Resume of 326 High Street Northcote (‘Rescue My Resume’).
Rescue My Resume offers resume/job application writing and career services through 1:1 packages, coaching, courses (‘the Services’) and Do It Yourself (‘DIY’) Eproducts, courses and other digital content (the ‘Eproducts’). Together these are the Products (the ‘Products’). You have agreed to purchase a Product.
These Terms and Conditions are read in conjunction with the information on the Payment Page and Product information pages of the Website.
- Registration to use the Purchase Services
- When making a purchase, You are given the opportunity to register as a user of the Website. As part of the registration process, or as part of Your continued use of the Products, You may be required to provide personal information about Yourself (such as identification or contact details), including (but not limited to):
- Email address
- You warrant that any information You give to Rescue My Resume in the course of completing the registration process will always be accurate, correct and up to date.
- Once You have completed the registration process, You will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member You will be granted immediate access to the Purchase Services.
- You may not use the Purchase Services and may not accept the Terms if:
- You are not of legal age to form a binding contract with Rescue My Resume; or
- You are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which You are resident or from which You use the Purchase Services.
- Your Obligations as Member
- As a Member, You agree to comply with the following:
- You will use the Purchase Services only for purposes that are permitted by:
- the Terms;
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- You have the sole responsibility for protecting the confidentiality of Your password and/or email address. Use of Your password by any other person may result in the immediate cancellation of the Purchase Services;
- any use of Your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Rescue My Resume of any unauthorized use of Your password or email address or any breach of security of which You have become aware;
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by You for the purposes of Rescue My Resume providing the Purchase Services;
- You will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Rescue My Resume for any illegal or unauthorized use of the Website; and
- You acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
- For 1:1 Packages, Coaching and Resume Writing Online Courses
- Rescue My Resume agrees to perform the Services for You, for the Fees, as set out in the Payment Page and Product information page of the Website.
- Rescue My Resume agrees to commence the Services upon acceptance of these Terms and Conditions, and upon payment of the required Fee by You.
- Rescue My Resume will only provide You with a refund of the Fee in the event they are unable to continue to provide the Services (the 'Refund').
- You warrant that if You are under the age of 18 years You have obtained the approval of a parent or guardian before purchasing from Rescue My Resume.
- Purchase of Products and Returns Policy
- In purchasing the Products through the Website, You will agree to the payment of the purchase price listed on the Payment Page (the 'Purchase Price').
- Payment of the Purchase Price may be made through Stripe (the 'Payment Gateway Providers').
- Following payment of the Purchase Price being confirmed by Rescue My Resume, You will be issued with a receipt to confirm that the payment has been received and Rescue My Resume may record Your purchase details for future use.
- Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
6. Bookings and Cancellations
- For relevant Services, both parties agree to schedule one-on-one sessions in writing.
- Should one-on-one session times require changing, a minimum of 2 business days is required or You will be expected to forfeit the full session fee.
- For general cancellations, You must notify Rescue My Resume of an intention to cancel as soon as practicable through e-mail to [email protected] and abide by the following (‘Cancellation Policy’).
- All Products are non-refundable. If You have purchased a Product and wish to terminate Your involvement early, the Fee is non-refundable.
- Rescue My Resume may change the Cancellation Policy at any time without notice with and bookings made in advance of the change will not be affected.
Rescue My Resume’s total liability arising out of or in connection with the Products or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Products to You.
8. Warranty Period for the Products
8.1. Rescue My Resume will use its best efforts and take all reasonable steps to help You achieve the desired results. However, Rescue My Resume makes no warranty that the Products will meet Your requirements or that all clients will achieve the same results.
8.2. The Products do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Product, You are entitled to cancel Your Product contract with Rescue My Resume, and are entitled to a refund for the unused portion, or to compensation for its reduced value.
- Rescue My Resume does not guarantee job opportunities or employment through the use and involvement in the Products. You are solely responsible for creating and implementing Your own career, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Products and interactions with Rescue My Resume. As such, You agree that Rescue My Resume is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Products provided by Rescue My Resume.
- Information Disclaimer
- Any information, advice, content or documentation provided through the Products, including in the associated blog, on the Website, social media accounts or on any other related platform do not constitute career, professional, financial, business or other advice, and are provided for general information and guidance purposes only.
- All care is taken in the preparation of the information and published materials in the associated blog, on the Website, social media accounts or on any other related platform. Rescue My Resume does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
- To the extent permissible by law, Rescue My Resume will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or Your reliance on the information, advice or documentation in the associated blog, on the Website, social media accounts or on any other related platform.
11. Disclosure and Use of Confidential Information
- All obligations of confidence set out in this Agreement continue in full force and effect after completion of services.
- Rescue My Resume must not disclose any Confidential Information to any third party without Your prior consent.
- This Agreement prohibits the disclosure of Confidential Information by Rescue My Resume with exception to the following circumstances:
- the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with this Agreement has consented to the disclosure of such information to the professional adviser;
- the disclosure is required by applicable law or regulation; or
- if the confidential information is already in the public domain at no fault of Rescue My Resume.
12. No partnership or agency
Nothing contained or implied in this Agreement will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.
- Dispute Resolution & Mediation
- If a dispute arises out of or relates to the terms of this Agreement, either party may not commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
- A party to this Agreement claiming a dispute (the Dispute) has arisen under the terms of this Agreement, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute (‘the Notice’).
- On receipt of the Notice by the other party, the parties must within 7 days from the date the Notice was served, attempt in good faith to resolve the Dispute as expeditiously as possible, including by negotiation or such other means upon which they may mutually agree.
- If for any reason whatsoever, 21 days after the date the Notice was served, the Dispute has not been resolved the parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of Victoria.
- It is agreed that mediation will be held in Victoria, with the venue to be agreed.
- The parties agree to be equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties must each pay their own costs associated with the mediation.
- All communications concerning negotiations made by the parties arising out of and in connection with this clause are confidential and to the fullest extent possible, must be treated as “without prejudice” negotiations.
- In the event that the Dispute is not resolved at the conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute.
- Governing Law & Jurisdiction
- This Agreement is governed by the laws of Victoria, Australia.
- In the event of any dispute arising out of or in relation to the Products, Rescue My Resume agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in Victoria, Australia.
Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.
You agree that any testimonials that may be provided by You from time to time may be used by Rescue My Resume for marketing purposes.
17. Entire Agreement and Modifications
Both You and Rescue My Resume confirm and acknowledge that these Terms and Conditions, Product information pages, Payment Page and Website Terms and Condition of the Website constitute the entire agreement between You and Rescue My Resume and shall supersede and override all previous communications, either oral or written, between the parties.