Terms of Service

1 Welcome

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 Disclaimer

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:

3 Acceptance

3.1. By accessing or using our Site, or clicking “I accept” (or similar), you:

4 Signing up to our Site

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 Programs

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), you will be eligible to receive the Program benefits as set out on the Site, including a certificate of completion.
5.3. By joining the Program, you agree to:
Peer review
5.4. As part of the Program, you acknowledge and agree that your work will be assessed by other users of the Program and you will assess other users work (Peer Review). If you do not attend your scheduled Peer Review, this may affect your ability to complete the Program.
5.5. Where you miss a scheduled Peer Review, you may elect to attend a subsequent Peer Review for a nominal fee as set out on the Site (Catch Up Fee). We will review on a case by case basis in the instance whether additional Catch Up Fees are payable if you have paid a Catch Up Fee but still missed the subsequent Peer Review.

6 Fees and Payment

6.1. To access the Program, you agree that an entry fee is required as set out on the Site (Entry Fee). 
6.2. You must pay us the Entry Fee, the Catch Up Fee and any other 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.
6.3. It is your responsibility to check the Program you have chosen, including fees, description, inclusions and other details. 
6.4. Unless otherwise stated on the Site, all fees are in US dollars and are exclusive of any applicable consumer taxes.
6.5. You must not pay, or attempt to pay, any fees by fraudulent or unlawful means.

7 Warranties and Representations

7.1. You represent, warrant and agree that:

8 Promotions

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 Discord Group

9.1. Before the Program starts, you will be invited to a Discord group. You may remain in the Discord group even after the conclusion of the Program provided you comply with our rules of conduct set out on our Site (Conduct Rules). You will no longer have access to the Discord group  whenthese Terms are terminated. Your access to the Discord group will be subject to Discord’s terms and conditions and their guidelines available at https://discord.com/guidelines 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.
9.2. 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.
9.3. 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:
9.4. 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.
9.5. 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.
9.6. 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:
9.7. 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.
9.8. This clause will survive termination of these Terms.

10 Intellectual Property

10.1. 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. 
10.2. 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.
10.3. 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. 
10.4. 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. 
10.5. You own all intellectual property you create through your participation in an Program including your portfolio projects.
10.6. 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. 
10.7. 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. 
10.8. 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. 
10.9. This clause will survive termination of these Terms.

11 Exclusions

11.1. 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:
11.2. This clause will survive termination of these Terms.

12 Australian Consumer Law

12.1. 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.
12.2. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
12.3. 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.
12.4. 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.  
12.5. 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.
12.6. This clause will survive termination of these Terms.

13 Limitations

13.1. Despite anything to the contrary, to the maximum extent permitted by law: 
13.2. 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:
13.3. This clause will survive termination of these Terms.

14 Withdrawal from a Program and Termination

Withdrawal from a Program

14.1. 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 an Program, you may still use your Account to sign up to another Program as set out on the Site.
14.2. If you change your mind and choose to withdraw from the Program within 7 days of the Program’s start date, we will refund you any fees you have paid to us (if applicable). If you wish to request a deferral or to withdraw from the Program after 7 days of the Program’s start date, a medical certificate or equivalent is required to be eligible for a deferral or a refund. Otherwise, to the extent permitted by law, we have no obligation to allow for a deferral of the Program or refund any fees you have paid to us (if applicable). 

Your Termination

14.3. 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.

Our Termination

14.4. 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). 

15 General

15.1. This clause will survive termination of these Terms.
15.2. 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.
15.3. 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).
15.4. 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.
15.5. 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.
15.6. 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. 
15.7. 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.
15.8. 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.
15.9. 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.
15.10. Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
15.11. 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.
For any questions and notices, please contact us at:
EveryAfter Pty Ltd
ABN 92 645 299 789
Email: support@entrylevel.net
Last update: 15 August 2023
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