Terms and Conditions

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  • About Us

    Gusto Careers is a digital platform dedicated to helping students, graduates and young professionals launch their careers within the Melbourne communications industry, whilst connecting Melbourne communications agencies to young talent. It connects members to communications internships, casual and entry level jobs, and provides a platform for members to build a professional network by connecting with communications agencies, mentors and other like-minded young professionals. Gusto Careers provides members with access to support, career guidance and advice, whilst facilitating workshops, events and creative content to help members build their skills and kick-start their careers.

     

    Agreement

    1. About these Terms
      • In these Terms, “we”, “us” or “our” means Gusto Careers Pty Ltd (ACN 631 571 107) and includes its directors, employees and agents. “User”, you” or “your” means the person (such as a Career Go-getter) who accepts these Terms. Additional definitions are set out in clause 18.
      • You should read these Terms carefully. They apply to your use of our Website.
      • By using or accessing the Website, or registering with us, you indicate your acceptance of these Terms (including any associated Membership Fees). By accepting these Terms, you agree to the obligations imposed on you under these Terms and, in exchange, we agree to provide you with access to the Services. If you do not agree to these Terms you should immediately cease accessing the Website and using the Services.
      • We reserve all rights to alter these Terms at our discretion. Each time you use the Website, it is your responsibility to be aware of our current terms. Your continued use of the Website following the posting of changes to these Terms will be deemed your acceptance of those changes.
      • These Terms, as amended by us from time to time, continue to apply for the duration of your use of the Website and Services or until terminated in accordance with these Terms.
    2. Overview of Services
      • The Marketplace provides an easy and convenient way for Users to connect with opportunities for communications internships, entry level jobs, and provides a platform to build a professional network.
      • To use the Services, a User must register for an account in accordance with clause 4.
      • If you register for an account in accordance with clause 4 and your registration is accepted by us, you will have access to the Services and will be able to:
    • create your own profile (visible only to other Users and Listers), with the option to include a headshot, information about your education, skills and work experience, your resume, your professional portfolio and/or samples of your work and a contact email if you wish to be contacted by other Users and/or Listers for potential networking opportunities;
    • access to our ‘Job Board’, which advertises opportunities for communications internships, entry level jobs and casual jobs posted by Melbourne-based Listers;
    • access general career advice, articles and interviews with industry professionals;
    • access support via our ‘Vent’ page, which allows you to set up a phone call, email discussion or one-on-one meeting with one of our representatives if you are having a hard time during an internship or your first job;
    • purchase tickets at a discount to networking events, workshops, classes and seminars held by us;
    • access our monthly newsletter;
    • view blog posts posted by other Users and Listers;
    • submit contributions to our blog, which, if approved by us (in our sole discretion), will be visible to other Users and Listers;
    • browse and view other User profiles and Lister profiles (such as agency profiles and mentor profiles); and
    • access our ‘Gusto Gang’ network of Users and Listers, which provides opportunities to contact and network with other students, graduates, young professionals, agencies and mentors by email.
      • We facilitate networking via our Website, but your communication with other Users and Listers will be via email and therefore external to our Website. We cannot guarantee particular outcomes, such as placements for internships and/or jobs.
      • For the avoidance of doubt, all transactions made pursuant to any arrangement or agreement that utilises the Services is between you and the relevant Lister to the exclusion of us.
    1. Using the Services
      • You are responsible for verifying the identity and authenticity of a Lister and checking the suitability of services offered by Listers via the Website with Listers directly. Despite our use of reasonable endeavours to verify the identity of Listers on the Marketplace, you acknowledge that, to the extent permitted by law, we do not warrant the reliability, legitimacy, repute, or credibility of any Lister, nor the capacity, ability or willingness of the Lister to deliver or transact with you.
      • You acknowledge and agree that a listing on the Marketplace for an opportunity or the provision of goods and/or services by a Lister constitutes mere information, and does not form part of any offer to provide that opportunity or those goods and/or services.
      • Any information on the Website or otherwise provided to Users is supplied in good faith but we do not guarantee its accuracy or completeness. You agree that it is your responsibility to make enquiries as to the accuracy or completeness of any information.
      • You must ensure that your access to, and use of, the Services is not illegal or otherwise prohibited by laws that apply in your jurisdiction.
      • You agree that you have sole responsibility for any activity that occurs on your account. You must keep your account details and password secure, as you are responsible for any activity on your account (whether undertaken by you or anyone else). You agree to notify us immediately if you become aware of or suspect any security breach or unauthorised use of your password or account.
      • The Services may contain links to other websites. Those links are provided for convenience only and may not be current. Any hyperlinks or banners advertising other websites on the Website, or external websites that advertise the Website, are not subject to our control or privacy standards, policies and procedures. We will not be responsible for the content or privacy practices associated with such linked websites and we recommend that you make your own enquiries as to the privacy and other policies of those third parties.
      • You must take precautions to ensure that when accessing the Services, you do not expose your telecommunications or computer systems to viruses, malware or other forms of interference that may damage your telecommunications or computer systems. We are not responsible for any such damage to your telecommunications or computer systems which may arise in connection with your access to the Website and use of the Services.
      • While using the Website, and any associated Services, you must not:
    • misuse any part of the Website by introducing viruses, trojans or other material that is malicious or technologically harmful;
    • attempt to gain unauthorised access to any part of the Website, the server on which the Website is stored or any server, computer or database connected to the Website;
    • engage in any activity that interferes with or disrupts the Services or the servers and networks that host the Services;
    • attempt to circumvent, disable or otherwise interfere with any security-related features of the Services or any features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Services or the content of the Website;
    • engage in any abusive or derogatory behaviour; or
    • advocate, support or practice discrimination based on race, religion, age, national origin, language, gender, sexual orientation or mental or physical handicap.
      • We may contact you by email or provide you with information by posting notices on the Website. It is your responsibility to ensure that you have correct contact details registered with us, that you give us written notice of any changes to your contact details, and that you check your nominated email address regularly for any correspondence.
      • We may, at our absolute discretion, terminate, suspend or delete your account or restrict your access to the Services (or any part of the Services) for any reason without notice. This includes for security, technical, maintenance, legal or regulatory reasons or due to any breach of these Terms. If we do this, you may be prevented from accessing your account details or other content contained in your account. We will not be liable to you or any third party for doing so.
      • If you fail to comply with these Terms (including a failure to pay any Membership Fees on time), we may, in our absolute discretion and without liability:
    • immediately, temporarily or permanently withdraw your right to access and use the Services and the Website (including deletion of your account);
    • take any other legal action against you; or
    • refer or report any suspected fraudulent, abusive or illegal activity to relevant law enforcement authorities.
    1. Registration
      • To access certain parts of the Services, you must register with us by providing us with Registration Data as requested. You may not use one email address to register for multiple accounts.
      • We reserve the right to decline your registration request if you do not pass our verification process.
      • If you are under the age of 18 years, we may ask you to confirm that you have your parents’ or guardians’ permission and that they have agreed to these Terms on your behalf. Even if we do this, by submitting Registration Data to us, you acknowledge that you have your parents’ or guardians’ permission and that they have agreed to these Terms on your behalf.
      • If you are a parent or guardian who has permitted a person under the age of 18 (a “Minor”) to create an account, you agree to:
    • exercise supervision over the Minor’s use of our Services and their personal account with us;
    • assume all risks associated with the Minor’s use of our Services and their account, including the transmission of content or information to and from third parties via the internet;
    • assume any and all liabilities resulting from the Minor’s use of our Services and their account;
    • ensure the accuracy and truthfulness of all information submitted to us and the Website by the Minor; and
    • provide the necessary consents contained in these Terms on behalf of the Minor.
      • We reserve the right to take legal action and seek compensation from a parent or guardian of a Minor for any loss or damage we may suffer as a result of, or in connection with, any transaction entered into on, or via, the Website by that Minor.
      • Subject to clause 4, if you provide Registration Data to us, you represent and warrant to us that the Registration Data provided is true, complete, accurate and up to date, and you undertake to maintain the truthfulness, completeness and accuracy of your Registration Data as necessary and/or as required by us.
      • If you provide us with Registration Data, you consent to the following:
    • we may provide your Registration Data to Listers and other Users for the purposes of providing you with the Services;
    • you may receive emails from us regarding details of your registration, orders and/or purchases made through your account, and/or information relating to your access and use of the Services and your account; and
    • from time to time, we may email you regarding our Services or third-party products and services which we believe may be of interest to you, such as new products, features, special offers and updated information. The emails may contain code that enables our database to track your usage of the emails, including whether the email was opened and/or what links (if any) were clicked. We may combine that information with other information which we have about you and may use that information to improve your site experience and/or provide customised email communications to you.

    You acknowledge that we may use your Registration Data and any other personal information provided to us in accordance with our Privacy Policy.

    5. Ticket refund policy

    • As part of the Services, you may receive opportunities to purchase tickets to events, such as workshops and seminars. Tickets are not refundable once you have attended the event.
    • If you wish to receive a refund on a ticket purchase prior to the event, you must notify us in writing at hello@gustocareers.com.au at least 24 hours prior to the event with your reason for requesting a refund. We will then assess your request and provide a refund if we deem it appropriate in the circumstances in our sole discretion.
    1. Your obligations
      • You must at all times comply with your obligations under these Terms and fulfil your obligations in a timely manner.
      • Your obligations include, but are not limited to, the following:
    • Creation and Maintenance of Profile

    You bear sole responsibility for creating a profile to be displayed via the Website. Your profile must not be misleading or deceptive and must be kept up-to-date at all times. You must ensure that any and all Material uploaded to your profile does not infringe any Intellectual Property Rights.

    • Defamatory Content

    You must not upload any content to the Website that promotes intolerance, racism, illegal behaviour or contains defamatory content. We reserve the right (but not the obligation) to amend or remove any content uploaded to the Website without the uploader’s consent and without notice to the uploader (including for the purposes of attempting to avoid the upload of content prohibited by this clause).

    • Interactions with Listers and other Users

    You must not advocate, support or practise discrimination based on race, religion, age, national origin, language, gender, sexual orientation, or mental or physical handicap. Any complaints regarding abuse or derogatory behaviour on the part of any User or Lister may see such User or Lister removed from the Website, result in the termination or suspension of their account and/or lead to restricted access to the Services, at our absolute discretion.

    • You acknowledge and agree that, in order for us to be able to provide the Services to you without interruption you will, at your cost, at all times:
    • co-operate with and reasonably assist us to provide the Services;
    • promptly provide us with full and accurate information, data and explanations with regard to any dispute, complaint, issue or otherwise that may arise, as and when required; and
    • inform us of any abusive or allegedly abusive behaviour from any other User or Lister on the Website.
    • You must procure all necessary consents or authorisations from any third parties which may be required from time to time in order for us to be able to provide the Services to you.
    • If we are delayed, obliged to spend additional time or incur additional expenses in order to provide you with the Services or otherwise perform any of our obligations under these Terms by reason of your act, omission, failure to provide information (in a timely manner or at all) or your instructions, you will compensate us by reimbursing us for any additional reasonable costs and expenses incurred by us or on our behalf. In this situation, any agreed delivery or action times specified or implied by us regarding any of our obligations to you will be extended accordingly7. Termination by us
      • In addition to our rights under clause 3, we may, at our absolute discretion, terminate these Terms or cease to supply you with access to the Website and/or the Services, if:
    • it transpires that you have provided false or misleading information on the Website;
    • you are found by us to be offensive or abusive to a Lister or other User; or
    • you do not comply with your obligations under these Terms.

    If your access to the Website and/or the Services is terminated for any reason, we will be entitled to payment for any outstanding fees or charges properly incurred by us up to the date of termination and any fees or charges incurred during any applicable notice period or otherwise specified in these Terms.

    8. Warranties

        • We will, within a reasonable period of time, investigate any alleged error or issue regarding any of the Services, provided that you notify us in writing within seven (7) days of becoming aware of the error or issue with all necessary information to be able to investigate the error or issue. Notwithstanding, you agree that our liability will be limited in any event to the right to attempt redelivery of the Services to you.
        • You agree to use your reasonable endeavours to ensure that the information that you supply us or any Lister is complete and accurate and notify us (and, if relevant, the Lister(s)) in writing if there is any change to the information supplied.
        • Except as provided in these Terms, no further warranty, condition, undertaking or term, express or implied, statutory or otherwise as to the condition, quality, performance or fitness for purpose of the Services provided in accordance with these Terms is given by us, other than as required by law. All implied warranties are hereby excluded.
        • Nothing contained in these Terms excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation where to do so is unlawful.
    1. Liability
      • To the extent permitted by law, we will not be liable for any loss, expenses, liabilities, costs or damage caused by viruses, system failures or other technologically harmful material that may infect your computer equipment, programs, data or other material due to your use of any part of the Website or downloading of any material posted on it or on any website linked to it. We recommend Users ensure they have up-to-date virus checking software installed.
      • To the extent permitted by law, we are not responsible for dealing with, and not liable for, any disputes or complaints made by you in relation to opportunities, goods or services sold, or advertised, via the Website. You should address such complaints directly with the Lister.
      • You agree that we will not be liable for any indirect, consequential, special or exemplary losses, expenses or liabilities, or loss of profits, loss of revenue, economic loss, loss of goodwill, corruption or alteration of data, failure to realise anticipated savings, loss of opportunity, expectation loss or loss of production, arising out of, or in connection with, the provision or use of the Services, the Marketplace, the Website or these Terms.
      • You agree that, in any event, our maximum aggregate liability to you under these Terms will be the Membership Fees that you have paid to us in the 12 months preceding the claim.
      • The User acknowledges and agrees that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.
      • This clause 10 survives termination or expiry of these Terms.
    2. Indemnity
      • To the fullest extent permitted by law, you agree that you waive, release, discharge and relinquish any and all claims that you have now or may have against us which are connected with, arise out of, relate to or are incidental to the provision of the Website and your use of the Services.
      • You indemnify us, and hold us harmless, from and against any and all claims, loss, damage, taxes, liabilities and/or expenses that may be incurred by us arising out of, or in connection with, your use of the Website, the Services and any breach by you of these Terms.
      • You agree and acknowledge that we will not be liable or responsible for any loss or damage suffered by any Lister due to your actions, and you indemnify us from and against any and all claims by any Lister in relation to your actions (including any Material created and/or posted by you).
      • This clause 11 survives termination or expiry of these Terms.
    3. Intellectual Property
      • You acknowledge that all Intellectual Property Rights in the Services, Marketplace and Website are the property of us (or our licensors) and your use of, and access to, the Services, Marketplace and Website does not give you any rights, title or interest in or to the Services, Marketplace or Website. Unless expressly authorised either under these Terms or otherwise by the licensors, you may not reproduce, adapt, modify, display, perform or distribute the Services, Marketplace or Website or any part of the Services, Marketplace or Website.
      • You may not modify or copy the layout or appearance of the Services or any computer software or code contained in the Services, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Services.
      • You may access and use the Services, Marketplace and Website for your personal and non-commercial use only. You must not in any form or by any means reproduce, modify, distribute, store, transmit, publish, use or display the Services, Marketplace or Website on another website or commercialise any information obtained from any part of the Services, Marketplace or Website without our prior written consent.
      • By uploading, posting, transmitting or otherwise making available any Material via the Services, Marketplace or Website, you:
    • grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, publish, reproduce and otherwise exploit the Material in any form for any purpose and unconditionally waive any moral rights that you might have in respect of the Material; and
    • represent and warrant that you either own the Intellectual Property Rights in that Material or have the necessary permission to upload, post, transmit or otherwise make available that Material via the Services, Marketplace or Website.12. Unavoidable Events

    We will not be liable to you if we are prevented from, or delayed in, providing the Services due to acts, events, omissions or accidents beyond our reasonable control (“Unavoidable Events”). Where an Unavoidable Event occurs, we will attempt to recommence provision of the Services as soon as reasonably practicable.

    13. Dispute resolution

      • If you have a complaint about the performance of these Terms or the Services, you will:
    • if the complaint relates to a payment to a Lister, contact the relevant Lister directly about the complaint; or
    • for any other complaints, contact us at hello@gustocareers.com.au in the first instance and allow us reasonable time to consider your complaint, determine a possible solution and notify you of the solution.

    This clause 14 survives the expiry or termination of these Terms.

    14. Linking to the Website

        • You may link to the Website, provided that you do so in a way that is fair and legal and does not damage, or take advantage of, our reputation. You must not establish a link in a way that suggests any form of association, approval or endorsement by us where none exists.
        • You must not establish a link to the Website from any website that is not owned by you (except with the website owner’s express permission).
        • The Website must not be framed on any other website.
        • We reserve the right to withdraw linking permission under this clause 15 by updating these Terms on the Website.

    15. Privacy

      • We are committed to protecting your privacy and personal information. Further details about our practices relating to the collection, use, disclosure and storage of your personal information can be found in our Privacy Policy.
    1. General
      • Any provision of these Terms that is found to be void or unenforceable will, to the extent that it is void or unenforceable, be severed from these Terms without affecting the enforceability or validity of any other provisions.
      • A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.
      • These Terms are governed by the laws of Victoria, Australia. The parties unconditionally submit to the exclusive jurisdiction of the courts exercising jurisdiction there.
    2. Definitions
      • In these Terms, the following expressions have the following meanings, unless otherwise stated:

    Career Go-getter” means a User that is an individual person, including but not limited to students, graduates and young professionals;

    Intellectual Property Rights” means all present and future intellectual and industrial property rights throughout the world of whatever nature (whether or not registered or registrable), including, but not limited to, all rights in respect of technical information, know-how, copyright, trade marks, designs, patents, domain names, business names, logos, drawings, trade secrets, the right to have confidential information kept confidential or other proprietary rights, or any rights to registration of such rights;

    Lister” means any person or entity, including brands, agencies and mentors, who lists opportunities, content, items, goods and/or services on the Marketplace;

    Marketplace” means the online portal located on or via the Website through which information can be shared, opportunities can be advertised and goods and/or services can be offered;

    Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Website, or otherwise displayed, uploaded or published on, or via, the Website;

    Payment Processing Services” means any services that we provide pursuant to these Terms which are to be used to process payments in relation to the Marketplace;

    Privacy Policy” means our privacy policy, available at: [insert when available];

    Registration Data” means information provided by you to us for the purposes of your registration to access certain sections of the Website including, but not limited to, your name, date of birth, gender, credit card and contact details;

    Services” refers to the Marketplace and any associated services we provide pursuant to these Terms;

    Terms” means these Career Go-getter Terms, as may be amended by us from time to time, at our discretion;

    User” means any person or entity using the Services, whether they are a Lister or a person who browses, visits or otherwise uses the Website, the Marketplace or the Services; and

    Website” means the website located at gustocareers.com.au or any other website nominated by us from time to time, and any associated services, software, networks or processes.

     

    About Us

    Gusto Careers is a digital platform dedicated to helping students, graduates and young professionals launch their careers within the Melbourne communications industry, whilst connecting Melbourne communications agencies to young talent. It connects members to communications internships, casual and entry level jobs, and provides a platform for members to build a professional network by connecting with communications agencies, mentors and other like-minded young professionals. Gusto Careers provides members with access to support, career guidance and advice, whilst facilitating workshops, events and creative content to help members build their skills and kick-start their careers.

     

    Agreement

    1. About these Terms
      • In these Terms, “we”, “us” or “our” means Gusto Careers Pty Ltd (ACN 631 571 107) and includes its directors, employees and agents. “Lister”, “you” or “your” means the person, company, association or organisation (such as a Brand or Agency) who accepts these Terms. Additional definitions are set out in clause 18.
      • You should read these Terms carefully. They apply to your use of the Services and the Website.
      • By registering with us, you indicate your acceptance of these Terms (including any associated Membership Fees). By accepting these Terms, you agree to the obligations imposed on you under these Terms and, in exchange, we agree to provide you with access to the Services. If you do not agree to these Terms you should immediately cease accessing the Website and using the
      • We reserve all rights to alter these Terms at our discretion. Each time you use the Website or Services, it is your responsibility to be aware of our current terms. Your continued use of the Website and/or Services following the posting of changes to these Terms will be deemed your acceptance of those changes.
      • These Terms, as amended by us from time to time, continue to apply for the duration of your use of the Website and Services or until terminated in accordance with clause 8.
    2. Overview of Services
      • The Marketplace provides an easy and convenient way for Listers to advertise communications internships, entry level jobs and opportunities to students, graduates and young professionals.
      • If you register for an account in accordance with clause 4 and your registration is accepted by us, you will have access to the Services and will be able to:
    • create your own profile (visible only to Users), with the option to upload your company logo, information about your company, samples of your work for Users to view and a contact email address if you wish to be contacted by Users;
    • post internship and entry level job advertisements on our ‘Job Board’, which will be visible to a specific network of Users that may include communications students, graduates and young professionals;
    • access our monthly newsletter;
    • view blog posts posted by Users and other Listers;
    • submit contributions to our blog, which, if approved by us (in our sole discretion), will be visible to Users and Listers;
    • browse and view User profiles;
    • access our ‘Gusto Gang’ network, which allows you to contact and network with Users by email; and
    • purchase tickets at a discount to networking events, workshops, classes and seminars held by us.
      • We facilitate networking via our Website, but your communication with Users will be via email and therefore external to our Website. We cannot guarantee particular outcomes, such as placement of suitable candidates for internships and/or jobs.
      • For the avoidance of doubt, all transactions made pursuant to any arrangement or agreement that utilises the Services is between you and the end User to the exclusion of
    1. Using the Services
      • You are responsible for verifying the identity and authenticity of a User and checking the suitability of services offered by Users via the Website with Users directly. Despite our use of reasonable endeavours to verify the identity of Users on the Marketplace, you acknowledge that, to the extent permitted by law, we do not warrant the reliability, legitimacy, repute, or credibility of any User, nor the capacity, ability or willingness of the User to deliver or transact with you.
      • You acknowledge and agree that a listing on the Marketplace for an opportunity or the provision of goods and/or services by a User constitutes mere information, and does not form part of any offer to provide that opportunity or those goods and/or services.
      • Any information on the Website or otherwise provided to Listers is supplied in good faith but we do not guarantee its accuracy or completeness. You agree that it is your responsibility to make enquiries as to the accuracy or completeness of any information.
      • You must ensure that your access to, and use of, the Services is not illegal or otherwise prohibited by laws that apply in your jurisdiction.
      • You agree that you have sole responsibility for any activity that occurs on your account. You must keep your account details and password secure, as you are responsible for any activity on your account (whether undertaken by you or anyone else). You agree to notify us immediately if you become aware of or suspect any security breach or unauthorised use of your password or account.
      • The Services may contain links to other websites. Those links are provided for convenience only and may not be current. Any hyperlinks or banners advertising other websites on the Website, or external websites that advertise the Website, are not subject to our control or privacy standards, policies and procedures. We will not be responsible for the content or privacy practices associated with such linked websites and we recommend that you make your own enquiries as to the privacy and other policies of those third parties.
      • You must take precautions to ensure that when accessing the Services, you do not expose your telecommunications or computer systems to viruses, malware or other forms of interference that may damage your telecommunications or computer systems. We are not responsible for any such damage to your telecommunications or computer systems which may arise in connection with your access to the Website and use of the Services.
      • While using the Website, and any associated Services, you must not:
    • misuse any part of the Website by introducing viruses, trojans or other material that is malicious or technologically harmful;
    • attempt to gain unauthorised access to any part of the Website, the server on which the Website is stored or any server, computer or database connected to the Website;
    • engage in any activity that interferes with or disrupts the Services or the servers and networks that host the Services;
    • attempt to circumvent, disable or otherwise interfere with any security-related features of the Services or any features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Services or the content of the Website;
    • engage in any abusive or derogatory behaviour; or
    • advocate, support or practice discrimination based on race, religion, age, national origin, language, gender, sexual orientation or mental or physical handicap.
      • We may contact you by email or provide you with information by posting notices on the Website. It is your responsibility to ensure that you have correct contact details registered with us, that you give us written notice of any changes to your contact details, and that you check your nominated email address regularly for any correspondence.
      • We may, at our absolute discretion, terminate, suspend or delete your account or restrict your access to the Services (or any part of the Services) for any reason without notice. This includes for security, technical, maintenance, legal or regulatory reasons or due to any breach of these Terms. If we do this, you may be prevented from accessing your account details or other content contained in your account. We will not be liable to you or any third party for doing so.
      • If you fail to comply with these Terms (including a failure to pay any Membership Fees on time), we may, in our absolute discretion and without liability:
    • immediately, temporarily or permanently withdraw your right to access and use the Services and the Website (including deletion of your account);
    • take any other legal action against you; or
    • refer or report any suspected fraudulent, abusive or illegal activity to relevant law enforcement authorities.
    1. Registration
      • To access the Services, you must register with us by providing us with Registration Data as requested. You may not use one email address to register for multiple accounts.
      • We reserve the right to decline your registration request if you do not pass our verification process.
      • If you are under the age of 18 years, we may ask you to confirm that you have your parents’ or guardians’ permission and that they have agreed to these Terms on your behalf. Even if we do this, by submitting Registration Data to us, you acknowledge that you have your parents’ or guardians’ permission and that they have agreed to these Terms on your behalf.
      • If you are a parent or guardian who has permitted a person under the age of 18 (a “Minor”) to create an account, you agree to:
    • exercise supervision over the Minor’s use of our Services and their personal account with us;
    • assume all risks associated with the Minor’s use of our Services and their account, including the transmission of content or information to and from third parties via the internet;
    • assume any and all liabilities resulting from the Minor’s use of our Services and their account;
    • ensure the accuracy and truthfulness of all information submitted to us and the Website by the Minor; and
    • provide the necessary consents contained in these Terms on behalf of the Minor.
      • We reserve the right to take legal action and seek compensation from a parent or guardian of a Minor for any loss or damage we may suffer as a result of, or in connection with, any transaction entered into on, or via, the Website by that Minor.
      • Subject to clause 4, you warrant that persons providing the Registration Data to us have the relevant authority to provide such information and to enter contracts on behalf of the Lister seeking registration with us, and that you have the capacity to offer the goods and/or services listed by the Lister on the Marketplace.
      • If you provide Registration Data to us, you represent and warrant to us that the Registration Data provided is true, complete, accurate and up to date, and you undertake to maintain the truthfulness, completeness and accuracy of your Registration Data as necessary and/or as required by us.
      • If you provide us with Registration Data, you consent to the following:

    (a)     we may provide your Registration Data to Users for the purposes of providing you with the Services;

    (b)     you may receive emails from us confirming the details of your registration and any subscriptions to the Services made through your account, providing you with necessary information relating to your access and use of the Services and any subscriptions to the Services made through your account; and

    (c)     from time to time, we may email you regarding our Services or third-party products and services which we believe may be of interest to you, such as new products, services, features, special offers and updated information. The emails may contain code that enables our database to track your usage of the emails, including whether the email was opened and/or what links (if any) were clicked. We may combine that information with other information which we have about you and may use that information to improve your site experience and/or provide customised email communications to you.

    • You allow us to refer to you in any publicity we engage in after we have provided you with the Services or during our provision to you of the Services.
    • You acknowledge that we may use your Registration Data and any other personal information provided to us in accordance with our Privacy Policy.
    1. Membership Fees
      • You agree that immediately upon registration in accordance with clause 4, you will pay us the applicable membership fees in accordance with this clause 5.
      • Basic Membership
    • If you have selected our basic membership option, you will pay us AUD $100 including GST per job post, or such other fee as notified by us from time to time (“Basic Membership Fee”).
      • Premium Membership
    • If you have selected our premium membership option, you will pay us:
    1. a minimum total cost of AUD $600 including GST (at the rate of AUD $100 including GST per month) for an initial six (6) month term (“Premium Initial Term”); and
    2. after the Premium Initial Term, your membership will automatically renew on a monthly basis and you will pay us AUD $100 including GST per month;

    or such other fee as notified by us from time to time (collectively, the “Premium Membership Fee”).

    • You are entitled to a 3-day cooling off period. If you cancel your membership during this cooling off period, you are entitled to a full refund on any Premium Membership Fee advanced to us under these Terms.
    • If you wish to terminate your premium membership, you must provide us with written notice:
    1. at least five (5) days prior to the end of the Premium Initial Term; or
    2. after the Premium Initial Term, at least five (5) days prior to the end of the relevant month.

    You should send such notices to us at hello@gustocareers.com.au

    • All Membership Fees will be charged to the credit card that you provided on registration, unless you notify us otherwise in writing.
    • We use Payment Processing Services provided by Stripe. Payments submitted via Stripe are subject to the terms and conditions published on the Stripe website (collectively, the “Stripe Services Agreement”). By placing an order and using Stripe to process payments you agree to be bound by the Stripe Services Agreement, which may be modified by Stripe from time to time. As a condition of enabling Payment Processing Services through Stripe, you agree to provide us with accurate and complete information about you and your business, and you authorise us to share it and transaction information related to your use of the Payment Processing Services provided by Stripe in accordance with our Privacy Policy.
    1. Ticket refund policy
      • As part of the Services, you may receive opportunities to purchase tickets to events, such as workshops and seminars. Tickets are not refundable once you have attended the event.
      • If you wish to receive a refund on a ticket purchase prior to the event, you must notify us in writing at hello@gustocareers.com.au at least 24 hours prior to the event with your reason for requesting a refund. We will then assess your request and provide a refund if we deem it appropriate in the circumstances in our sole discretion.
    2. Your obligations
      • You must at all times comply with your obligations under these Terms and fulfil your obligations in a timely manner.
      • Your obligations include, but are not limited to, the following:
    • Creation and Maintenance of Profile

    You bear sole responsibility for creating a profile to be displayed via the Website. Your profile must not be misleading or deceptive and must be kept up-to-date at all times. You must ensure that any and all Material uploaded to your profile does not infringe any Intellectual Property Rights.

    • Defamatory Content

    You must not upload any content to the Website that promotes intolerance, racism, illegal behaviour or contains defamatory content. We reserve the right (but not the obligation) to amend or remove any content uploaded to the Website without the uploader’s consent and without notice to the uploader (including for the purposes of attempting to avoid the upload of content prohibited by this clause).

    • Interactions with Users and other Listers

    You must not advocate, support or practise discrimination based on race, religion, age, national origin, language, gender, sexual orientation, or mental or physical handicap. Any complaints regarding abuse or derogatory behaviour on the part of any User or Lister may see such User or Lister removed from the Website, result in the termination or suspension of their account and/or lead to restricted access to the Services, at our absolute discretion.

    • Advertising standards

    You must ensure that all communications that you publish via the Website comply with any applicable obligations under the Competition and Consumer Act 2010 (Cth).

    • Willing and Able

    At the time that you list any opportunities or goods and/or services via the Website, you must be willing and able to provide such opportunities, goods and/or services to Users.

    • You acknowledge and agree that, in order for us to be able to provide the Services to you without interruption you will, at your cost, at all times:
    • co-operate with and reasonably assist us to provide the Services;
    • promptly provide us with full and accurate information, data and explanations with regard to any dispute, complaint, issue or otherwise that may arise, as and when required; and
    • inform us of any abusive or allegedly abusive behaviour from any User or Lister on the Website.
    • You must procure all necessary consents or authorisations from any third parties which may be required from time to time in order for us to be able to provide the Services to you.
    • If we are delayed, obliged to spend additional time or incur additional expenses in order to provide you with the Services or otherwise perform any of our obligations under these Terms by reason of your act, omission, failure to provide information (in a timely manner or at all) or your instructions, you will compensate us by reimbursing us for any additional reasonable costs and expenses incurred by us or on our behalf. In this situation, any agreed delivery or action times specified or implied by us regarding any of our obligations to you will be extended accordingly.
    1. Termination by us
      • In addition to our rights under clause 3, we may, at our absolute discretion, terminate these Terms or cease to supply you with access to the Website and/or the Services, if:
    • it transpires that you have provided false or misleading information on the Website;
    • you are found by us to be offensive or abusive to a User or other Lister;
    • your business ceases to operate or you sell a majority interest in your business to a new owner; or
    • you do not comply with your obligations under these Terms.
      • If your access to the Website and/or the Services is terminated for any reason, we will be entitled to payment for any outstanding fees or charges properly incurred by us up to the date of termination and any fees or charges incurred during any applicable notice period or otherwise specified in these Terms.
    1. Warranties
      • We will, within a reasonable period of time, investigate any alleged error or other issue regarding any of the Services, provided that you notify us in writing within seven (7) days of becoming aware of the error or other issue and give us all necessary information to be able to investigate the error or other issue. Notwithstanding, you agree that our liability will be limited in any event to the right to attempt redelivery of the Services to you.
      • You agree to use your reasonable endeavours to ensure that the information you supply to any User or to us is complete and accurate and notify us (and, if relevant, the User(s)) in writing if there is any change to the information supplied.
      • Except as provided in these Terms, no further warranty, condition, undertaking or term, express or implied, statutory or otherwise, as to the condition, quality, performance or fitness for purpose of the Services provided in accordance with these Terms is given by us, other than as required by law. All implied warranties are hereby excluded.
      • Nothing contained in these Terms excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation where to do so is unlawful.
    2. Liability
      • To the extent permitted by law, we will not be liable for any loss, expenses, liabilities, costs or damage caused by viruses, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of any part of the Website or downloading of any material or content posted on it, or on any website linked to it. We recommend that you have up-to-date virus checking software installed.
      • To the extent permitted by law, we are not responsible for dealing with, and not liable for, any disputes or complaints made by you in relation to opportunities, goods or services sold, or advertised, via the Website. You should address such complaints directly with the User.
      • You agree that we will not be liable for any indirect, consequential, special or exemplary losses, expenses or liabilities or any loss of profits, loss of revenue, economic loss, loss of goodwill, loss, corruption or alteration of data, failure to realise anticipated savings, loss of opportunity, expectation loss or loss of production arising out of, or in connection with, the provision or use of the Services, the Marketplace, the Website or these Terms.
      • You agree that, in any event, our maximum aggregate liability to you under these Terms will be the Membership Fees that you have paid to us in the 12 months preceding the claim.
      • The Lister acknowledges and agrees that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.
      • This clause 10 survives termination or expiry of these Terms.
    3. Indemnity
      • To the fullest extent permitted by law, you agree that you waive, release, discharge and relinquish any and all claims that you have now or may have against us which are connected with, arise out of, relate to or are incidental to the provision of the Website and your use of the Services.
      • You indemnify us, and hold us harmless, from and against any and all claims, loss, damage, taxes, liabilities and/or expenses that may be incurred by us arising out of, or in connection with, your use of the Website, the Services and any breach by you of these Terms.

    11.3                You agree and acknowledge that we will not be liable or responsible for any loss or damage suffered by any User due to your actions, and you will indemnify us from and against any and all claims by any User in relation to any and all content created by you or any actions by you.

    11.4                This clause 11 survives termination or expiry of these Terms.

    1. Intellectual Property
      • You acknowledge that all Intellectual Property Rights in the Services, Marketplace and Website are the property of us (or our licensors) and your use of, and access to, the Services, Marketplace and Website does not give you any rights, title or interest in or to the Services, Marketplace or Website. Unless expressly authorised either under these Terms or otherwise by the licensors, you may not reproduce, adapt, modify, display, perform or distribute the Services, Marketplace or Website or any part of the Services, Marketplace or Website.
      • You may not modify or copy the layout or appearance of the Services or any computer software or code contained in the Services, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Services.
      • We grant you, for the duration of these Terms as determined in accordance with clause 5, a non-exclusive, non-transferable and revocable licence to use the Intellectual Property Rights embodied in the Services to the extent necessary for you to use the Services, Marketplace and Website for your business purposes.
      • By uploading, posting, transmitting or otherwise making available any Material via the Services, Marketplace or Website, you:
    • grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, publish, reproduce and otherwise exploit that Material in any form to enable us to provide the Services, Marketplace and Website and unconditionally waive any moral rights that you might have in respect of that Material; and
    • represent and warrant that you either own the Intellectual Property Rights in that Material or have the necessary permission to upload, post, transmit or otherwise make available that Material via the Website.
    1. Privacy
      • We are committed to protecting your privacy and personal information. Further details about our practices relating to the collection, use, disclosure and storage of your personal information can be found in our Privacy Policy.
    2. Unavoidable Events
      • We will not be liable to you if we are prevented from, or delayed in, providing the Services due to acts, events, omissions or accidents beyond our reasonable control (“Unavoidable Events”). Where an Unavoidable Event occurs, we will attempt to recommence provision of the Services as soon as reasonably practicable.
    3. Dispute Resolution
      • If you have a complaint about the performance of these Terms or the Services, you will contact us at hello@gustocareers.com.au in the first instance and allow us reasonable time to consider your complaint, determine a possible solution and notify you of the solution.

    15.2                This clause 15 survives the expiry or termination of these Terms.

    1. Linking to the Website
      • You may link to the Website, provided that you do so in a way that is fair and legal and does not damage, or take advantage of, our goodwill. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by us where none exists.
      • You must not establish a link to the Website from any website that is not owned by you (except with the website owner’s express permission).
      • The Website must not be framed on any other website.
      • We reserve the right to withdraw linking permission under this clause 16 by updating these Terms on the Website.
    2. General
      • We may assign, sub-contract, or otherwise transfer any or all of its rights and/or obligations under these Terms. You may only assign, subcontract, or otherwise transfer any or all of your rights and/or obligations with our prior written consent, which can be refused at our absolute discretion.
      • A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.
      • If you are using the Services for the supply of goods and/or services directly to a third party, then you will:
    • procure that such third party will comply with these Terms; and
    • indemnify us for any claim, loss, damage or expense incurred by us as a result of any breach of these Terms by such third party.
      • We and you are independent. No contractor, agency, partnership, joint venture, fiduciary or employment relationship is created by these Terms. Neither we nor you will have, nor represent that we or you have, any authority to make any commitments on the other party’s behalf except expressly pursuant to these Terms.
      • Any provision of these Terms that is found to be void or unenforceable will, to the extent that it is void or unenforceable, be severed from these Terms without affecting the enforceability or validity of any other provisions.
      • These Terms are governed by the laws of Victoria, Australia. The parties unconditionally submit to the exclusive jurisdiction of the courts exercising jurisdiction there.
      • These Terms and any document expressly incorporated in it contains the whole agreement between us and you in respect of the subject matter of these Terms and supersedes and replaces any prior written or oral agreements, representations or understandings between the parties. The parties confirm that they have not relied on any representation that is not expressly incorporated into these Terms.
    1. Definitions
      • In these Terms, the following expressions have the following meanings, unless otherwise stated:

    Agency” or “Brand” means a Lister that is a company, association or organisation, including but not limited to communications agencies;
    *Could we specify that the communications agencies are within the below fields:
    PR / Marketing / Events Management / Social Media Management

    Intellectual Property Rights” means all present and future intellectual and industrial property rights throughout the world of whatever nature (whether or not registered or registrable), including, but not limited to, all rights in respect of technical information, know-how, copyright, trade marks, designs, patents, domain names, business names, logos, drawings, trade secrets, the right to have confidential information kept confidential or other proprietary rights, or any rights to registration of such rights;

    Marketplace” means the online platform located on or via the Website through which information can be shared, opportunities can be advertised and goods and/or services can be offered;

    Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Website, or otherwise displayed, uploaded or published on, or via, the Website;

    Membership Fee” means the Basic Membership Fee and/or Premium Membership Fee (as applicable) as defined in clause 5;

    Payment Processing Services” means any services that we provide pursuant to these Terms which are to be used to process payments in relation to subscription fees or listings on the Marketplace;

    Privacy Policy” means our privacy policy, available at: [insert when available];

    Registration Data” means information provided by you to us for the purposes of your registration to access certain sections of the Website including, but not limited to, your name, date of birth, gender, your business or trading name, Australian Business Number, Australian Company Number, business address, credit card and contact details;

    Services” refers to the Marketplace and any associated services we provide pursuant to these Terms;

    Terms” means these Brands & Agencies Terms, as may be amended by us from time to time, at our discretion;

    User” means any person or entity using the Services, whether they are a Lister or a person who browses, visits or otherwise uses the Website, the Marketplace or the Services; and

    Website” means the website located at gustocareers.com.au or any other website nominated by us from time to time, and any associated services, software, networks or processes.