Terms of Service
1.1. Welcome to EntryLevel! We offer programs that are designed to help you learn and build experiences to assist with landing your first job in a new field (Programs).
1.2. EntryLevel is operated by EveryAfter Pty Ltd ABN 92 645 299 789 (we, our or us). Our Experiences are available through our website (Site): https://entrylevel.net
1.3. We set out on the Site the various ways in which you can access our Programs.
2.1. Please note that our Programs are not internships with us or any businesses associated with any of our Experiences. You acknowledge and agree that:
- (a) you will not be remunerated for your participation in our Programs;
- (b) you have chosen to participate in our Programs voluntarily and of your own free will;
- (c) our Programs are not guaranteed to fulfil any requirements imposed by an educational institution;
- (d) you are not required to participate in our Programs as a condition of receiving a qualification from any education institution; and
- (d) participating in our Programs does not guarantee any particular results, outcomes, benefits or success in obtaining a job.
3.1. By accessing or using our Site, or clicking “I accept” (or similar), you:
- (a) confirm to us that you have reviewed these Terms of Service, including our Privacy Policy (available on the Site) (Terms);
- (b) confirm you have the legal capacity to enter into a legally binding agreement with us; and
- (c) agree to use the Site in accordance with the Terms.
4.1. To access our Programs, you will need to register for an account via the Site (Account).
4.2. You must be at least 18 years old and provide basic information when registering for an Account including your first and last name, email address and you must choose a password. You must also choose which Program you are interested in. You may also choose to provide us with further details such as your phone number, age range, current or previous degree, university (if applicable) and your job status.
4.3. You may also be offered the functionality to register for an Account using your Facebook, Google, Twitter, LinkedIn or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.
4.4. You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.
4.5. You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including any purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
5.1. After registering for an Account, you can sign up to a Program, as set out on the Site.
5.2. If you satisfactorily complete all of the requirements of the Program (as determined by us, acting reasonably), we will issue to you a certificate of completion.
5.3. By joining the Program, you agree to:
- (a) comply with our Code of Conduct, which is subject to change from time to time;
- (b) behave respectfully, truthfully, and constructively in all interactions with us and other Program participants;
- (c) due to the collaborative nature of the Program, only post User Content and any information that you are happy for other participants of the Program to have access to. We encourage you to delete any personal information (including your name) from any portfolio project work that you submit for peer review; and
- (d) not participate in any plagiarism in connection with the Program, and to respect the intellectual property rights (including copyright) of all Program participants.
6.1. To access the Program , you agree to pay us the fees as set out on the Site using one of the payment methods set out on the Site. Payment of any amounts using a third party payment processor (currently PayPal and Stripe) may be subject to that payment processor’s terms and conditions.
6.2. It is your responsibility to check the Program you have chosen, including fees, description, inclusions and other details.
6.3. Unless otherwise stated on the Site, all fees are in US dollars and are exclusive of any applicable consumer taxes.
6.3. You must not pay, or attempt to pay, any fees by fraudulent or unlawful means.
7.1. You represent, warrant and agree that:
- (a) that all information and documentation that you provide to us in connection with any Program is true, correct and complete; and
- (b) that you will provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Program.
8.1. We may from time to time issue promotional discount codes for certain products on the Site. To claim the discount, you must enter the promotional discount code at the time of selecting the Program and entering your payment details through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued.
8.2. At our sole discretion, we may offer promotional schemes, including where we engage you to refer individuals to us (Referral Scheme). The details of the Referral Scheme will be published on our Site, as updated from time to time. You acknowledge and agree that you must comply with these Terms and any terms and conditions published on our Site in relation to the Referral Scheme.
9.1. We may offer you the opportunity to receive your money back for the fees you have paid to us for your Program course, less any third party payment processing fees (a Commitment Bond). Please read this clause to determine if you are eligible for the Commitment Bond.
9.2. If the Commitment Bond is available for your chosen Program, this will be visible to you on the sign-up page for your Program.
9.3. In order to be eligible for the Commitment Bond, you must:
- (a) submit all required work for each module of the Program;
- (b) submit a final portfolio piece, which receives 2 out of 5 or higher according to the peer review process;
- (c) not be in breach of these Terms, including not having been found to have plagiarised or committed any intellectual property breach while participating in the Program; and
- (d) have completed our ‘offboarding form’ within 14 days of the scheduled completion date of your Program course.
9.4. If you fulfil all eligibility criteria as above, in our sole discretion, we will pay to you the Commitment Bond within 14 days to the payment method that you used when signing up and paying for the Program. The payment will be subject to foreign currency conversion at the time of making the payment of the Commitment Bond to you, and the arrival of the payment into your nominated account is subject to your bank’s timeframes which can take up to 14 days.
10.1. We are committed to ensuring that everyone has access to education and learning opportunities regardless of their financial situation. To help achieve this, we have implemented our financial aid program, which offers discounts on our Programs.
10.2. If you apply for our financial aid program, you agree and acknowledge that:
- (a) you may be required to submit to us proof of your full legal name, and earnings per year (in USD);
- (b) we may require to you submit other documentation to support your application;
- (c) it is at our sole discretion whether we offer you financial aid in the form of a discount on our Programs;
- (d) all information you submit to us will be accurate and correct; and
- (e) we may verify the information provided to us by contacting third parties. We will handle all personal information in accordance with our privacy policy, available on our Site.
10.3. If you are successful in your application for financial aid, we will supply you with a unique code, which can be entered on our Site at the time of signing up to the Program. No further discounts will be applied after this time.
10.4. If we determine that your application for financial aid has been falsified or is inaccurate, we may, at our sole discretion, invoice you for the full amount of the discount you received. You agree to pay this invoice within 7 days from the date of the invoice, otherwise we may immediately suspend or terminate your access to the Program.
11.1. Before the Program starts, you will be invited to a private Discord group, of which you may remain in for the duration of the Program, until you withdraw from the Program or until these Terms are terminated. Your access to the Discord group will be subject to Discord’s terms and conditions and we are not liable (including for any refund of any fees, if applicable) if Discord restricts your access to the Discord group. You may be permitted to post, create, upload, publicise or otherwise submit content (Submit), such as comments, questions, pictures, videos and files through the Discord group (User Content). You must Submit User Content in accordance with these Terms.
11.2. We ask you to limit your discussions to topics which are relevant to the Program and the Site. We have the right but not the obligation to appoint moderators of the Discord group from time to time to ensure that all voices are heard and no inappropriate thread or topic is discussed in the Discord group.
11.3. We reserve the right to remove any posts which we, in our sole discretion, deem to be in breach of these Terms including the ‘Exclusions’ clause and deem to be inappropriate including posts that:
- (a) defame, harass, threaten, stalk, menace, track, monitor, mistreat, offend or otherwise hurt any person;
- (b) use obscene or foul language;
- (c) include link(s) to inappropriate, offensive or illegal material;
- (d) could be considered intolerant of a person’s race, culture, appearance, gender, sexual preference, religion or age; and
- (e) interfere with another participant.
11.4. Information and User Content shared in the Discord group is private and confidential. You must keep confidential any information you have access to or receive via the Discord group, including the names of other participants.
11.5. We are not responsible for the conduct of any participant in an Program. You agree and acknowledge that you participate in the Discord group including by Submitting User Content at your own risk.
11.6. You agree that you are solely responsible for all User Content that you make available in or through the Discord group. You represent and warrant that:
- (a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us a right and licence in such User Content (as contemplated by these Terms); and
- (b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of the Discord group will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
11.7. By making available any User Content on or through the Discord group, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, display or otherwise exploit such User Content on, through or by means of our Site.
11.8. This clause will survive termination of these Terms.
12.1. Protecting the intellectual property of all Program participants is extremely important to us. In line with our Code of Conduct, you agree to that you will not copy, reproduce, share, publicise, or create derivative works of any content on the Program platform that is not your User Content, including the portfolio projects of other Program participants that you may have access to, or be asked to review.
12.2. You agree that all intellectual property (including copyright) developed, adapted, modified or created by us or our personnel, including all of our resources, content and materials in our Programs, templates, blogs, social media content, checklists, tools, tips and email communication with us or other materials (including in connection with these Terms, the Site and our Programs) will at all times vest, or remain vested, in us. Our intellectual property described in this clause is referred to in these Terms as Content.
12.3. You agree that any development, modification, adaptation or improvement of any Content that is made by either party (Improvement), will at all times vest or remain invested in us. For the avoidance of doubt, Improvements include any modifications you make to our templates.
12.4. We grant you a non-exclusive, worldwide, revocable, non-sublicensable and non-transferable right and licence, for the duration of the Program, to access and download the Content and Improvements, solely for the purpose of participating in the Program and your personal use and enjoyment.
12.5. You own all intellectual property you create through your participation in an Program including your portfolio projects.
12.6. You grant us a non-exclusive, irrevocable, worldwide, non-sublicensable and non-transferable right and licence to use your intellectual property for the provision of delivering our Program and Site to you, and to publish your Program portfolio on our Site, as contemplated by these Terms.
12.7. If you do not consent to us attributing your name with the Program portfolio displayed on our Site, you content to us and our Personnel using or infringing any Moral Rights (as defined in the Copyright Act 1988 (Cth)) that you may have in connection with that intellectual property.
12.8. We may ask you whether you are happy to share your Program portfolio with third-parties, such as potential employers, with your consent. By consenting to this disclosure when prompted, you grant us a non-exclusive, irrevocable, worldwide, non-sublicensable and non-transferable right and licence to share and disseminate any part or all of your Program portfolio with those third-parties.
12.9. This clause will survive termination of these Terms.
13.1. You must not access or use the Site, the Content or participate in any Programs except as permitted by these Terms and you must not do, omit to do, or authorise any act that would or might invalidate or be inconsistent with our intellectual property rights on the Site or in the Programs. Without limiting the foregoing provisions, you must not and must not permit any other person to:
- (a) reveal your Account details to others or allow others to use your Account to participate in a Program;
- (b) cheat, collude or plagiarise when participating in an Program;
- (c) resell, assign, transfer, distribute or provide others with access to the Programs or any Content from the Programs (including publishing or posting our Content on any other website or on social media pages);
- (d) “frame”, “mirror” or serve any of the Site on any web server or other computer server over the Internet or any other network;
- (e) copy, alter, modify, create derivative works from, reproduce to a third party, reverse assemble, reverse engineer, reverse compile or enhance the Site or any resources from the Site or Programs;
- (f) alter, remove or tamper with any trademarks, any patent or copyright notices, any confidentiality legend or notice, any numbers or any other means of identification used on or in relation to the Site or any resources from the Site or Programs;
- (g) use the Site or any resources from the Site or Programs in any way which is in breach of any applicable local, state, federal and international laws and regulations or which infringes any person's rights, including intellectual property rights;
- (h) use the Site to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted;
- (i) use the Site in any way that damages, interferes with or interrupts the supply of the Site;
- (j) introduce malicious programs into our software and services which are integrated and operate together, including our networks, including viruses, worms, trojan horses and e-mail bombs;
- (k) use the Site to carry out security breaches or disruptions of a network. Security breaches include accessing data where you are not the intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data (including network sniffing/monitoring, pinged floods, packet spoofing, denial of service and forged routing information for malicious purposes);
- (l) use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person’s use of the Site or any resources from the Site;
- (m) send any unsolicited email messages through or to users of the Site in breach of the Spam Act 2003 (Cth) or to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages or use the Site in breach of any person’s privacy (such as by way of identity theft or “phishing”); or
- (n) use the Site to circumvent user authentication or security of any of your networks, accounts or hosts.
13.2. This clause will survive termination of these Terms.
14.1. Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights). Nothing in these Terms attempts to exclude, restrict or modify your Statutory Rights as a consumer under the ACL. Any and all other warranties or conditions which are not guaranteed by the ACL are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
14.2. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- (a) to cancel your service contract with us; and
- (b) to a refund for the unused portion, or to compensation for its reduced value.
14.3. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
14.4. If the ACL applies to you as a consumer, nothing in this Agreement excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for the Programs provided to an entity defined as a consumer under the ACL is governed solely by the ACL and this Agreement.
14.5. Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Programs) are provided to you without warranties of any kind, either express or implied, whether in statute, at Law or on any other basis.
14.6. This clause will survive termination of these Terms.
15.1. Despite anything to the contrary, to the maximum extent permitted by law:
- (a) our maximum aggregate liability arising from or in connection with the Terms will be limited to, and must not exceed, the fees paid by you to us or where there are no fees paid, $99; and
- (b) we will not be liable to you for any loss of benefit (including anticipated benefit), loss of income (including anticipated income), loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
15.2. Despite anything to the contrary, to the maximum extent permitted by law, and without excluding your Statutory Rights, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with:
- (a) your acts or omissions;
- (b) any use or application of the Site or participation in the Program by a person or entity other than you, or other than as reasonably contemplated by these Terms;
- (c) any works, services, goods, materials or items which do not form part of the Site or Programs (as expressed in these Terms), or which have not been provided by us;
- (d) any third parties or any goods and services provided by third parties, including web hosting and service providers, communication platforms such as Discord, content delivery network suppliers, data storage providers, professional advisors or other subcontractors which the provision of the Site and Programs may be contingent on, or impacted by;
- (e) errors in the Site or Programs;
- (f) any event outside of our reasonable control; or
- (g) any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to our Programs or the Content.
15.3. This clause will survive termination of these Terms.
16.1. You may withdraw from an Program prior to the end date of the Program at any time by sending us an email to the email address at the end of these Terms. Your withdrawal will become effective when we receive your email notifying us of your withdrawal and we will immediately cease providing the Program. After withdrawing from a Program, you may still use your Account to sign up to another Experience as set out on the Site.
16.2. If you have completed less than 50% of the Program and withdraw from the Program, we may (at our discretion) refund you any fees you have paid to us (if applicable). If you have completed more than 50% of the Program and withdraw from the Program, to the extent permitted by law, we have no obligation to refund any fees you have paid to us (if applicable).
16.3. You may terminate your Account at any time by sending us an email to the email address at the end of these Terms. Termination of your Account and these Terms will become effective when we receive your email notifying us of your request for termination and we will withdraw you from any Programs you are currently participating in.
16.4. We may monitor your use of the Site and participation in Programs to determine if you are in breach of these Terms (including by checking the time of access and IP addresses used to access the Site). We may immediately suspend, terminate or limit (at our discretion) your Account, access to and use of the Site or an Program if we reasonably suspect, including as a result of our monitoring of your use of the Site and participation in an Program, that you are in breach of these Terms and the breach cannot be remedied or is not remedied within 5 New South Wales business days of us notifying you of the breach or suspected breach. Where we suspend, terminate or limit your Account, to the extent permitted by the law, we have no obligation to refund any fees you have paid to us (if applicable).
17.1. This clause will survive termination of these Terms.
17.2. Recruitment: you acknowledge that where we introduce you to a third-party, and they proceed to employ or engage you in any capacity, we may receive a commission or benefit for this introduction.
17.3. Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with an authorised representative the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
17.4. No commercial use: Our Site is for your personal, non-commercial use only. You must not use our Site, Programs, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website, without obtaining a licence to do so from us.
17.5. Competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business. If you breach this term, we will hold you responsible for liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.
17.6. Variation: We may modify these Terms from time to time by notifying you via email, Discord or notification to your Account. By continuing to participate in the Program or using the Site after such modification, you agree to the amended terms. If you do not agree to the modifications, you can stop using the Site and send us an email to withdraw from the Program, terminate your Account and terminate these Terms.
17.7. Notices: Any notice given under these Terms must be in writing and addressed to us at the details set out below or to you at the details provided when setting up your Account. Any notice may be sent by email and will be deemed to have been served at the time of transmission in the case of email.
17.8. Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
17.9. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
17.10. Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
17.11. Governing law: These Terms are governed by the laws of New South Wales, Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site and Programs may be accessed in Australia and overseas. We make no representation that the Site or Programs complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site or Programs from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site or Programs.
