Terms of Service

1 Welcome

1.1. Welcome to EntryLevel! We offer courses designed to help you learn and build experiences that will assist you with landing your first job in a new field (Courses).

1.2. These Terms of Service apply when you purchase a Course on a Subscription basis or as a One-off Purchase, also known as a Single Course Purchase or Standalone Course.

1.3. EntryLevel is operated by EveryAfter Pty Ltd ABN 92 645 299 789 (we, our or us). Our Courses are available through our website (Site): https://entrylevel.net and (Subscription Site): https://www.entrylevel.net/entrylevel-plus and the learning platform (LMS): https://app.entrylevel.net/

1.4. We set out on the Site the various ways in which you can access our Courses.

2 Disclaimer

2.1. Please note that our Courses are not internships with us or any businesses associated with any of our Courses. You acknowledge and agree that:

(a) you will not be remunerated for your participation in our Courses;
(b) you have chosen to participate in our Courses voluntarily and of your own free will;
(c) our Courses are not guaranteed to fulfill any requirements imposed by an educational institution;
(d) you are not required to participate in our Courses as a condition of receiving a qualification from any education institution; and
(d) participating in our Courses does not guarantee any particular results, outcomes, benefits or success in obtaining a job.

3 Acceptance

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

(a) confirm to us that you have reviewed these Terms of Service, including our Privacy Policy (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 Signing up to our Site

4.1. To access our Courses, 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 name, last name, email address, and a password of your choice. You must also choose which Course 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 authorize 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, username, and password confidential. You will be liable for all activity on your Account, including any purchases made using your Account details. You agree to notify us immediately of any unauthorized use of your Account.

5 Subscription

5.1. You can create an account and sign up for a Subscription as set out on the Subscription Site.

5.2. The Subscriptions we offer will be set out on our Subscription Site and LMS, including details of each Subscription’s features and limitations, Subscription Fees and Subscription Periods.

5.3. During the Subscription Period, you will be billed the Subscription Fees on a recurring basis, as set out on our Site (Billing Cycle).

5.4. Your Subscription can be purchased at any time through your Account. Any upgrades to your current account to a Subscription will take effect immediately.

5.5. You will be billed any Subscription Fees at the start of the Billing Cycle. Our payment methods will be set out on our Site. If you choose to pay your Subscription Fees using one of our third-party payment processors, you may need to accept their terms and conditions (if this is the case, these will be set out on our Site).

5.6. You must not pay or attempt to pay any Subscription Fees fraudulently or unlawfully. If you make payment by debit or credit card, you must be the authorized cardholder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorize our nominated third-party payment processor to debit your bank account in accordance with your chosen Subscription, and you confirm that you are either the holder or an authorized signatory of that bank account.

5.7. Trial Periods: When you first sign up for an Account, we may offer you the option to try a Subscription out for free, for the period of time set out in our offer. At the end of this free trial, you will begin to be charged the Subscription Fees for your chosen Subscription.

5.8. By purchasing a Subscription, 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 Course participants;
(c) due to the collaborative nature of the Courses, only post User Content and any information that you are happy for other participants of the Course to have access to. We encourage you to delete any personal information (including your name) from any portfolio project that you submit; and
(d) not engage in plagiarism in connection with the Course and respect the intellectual property rights (including copyright) of all Course participants.

5.9. Currency: Unless otherwise stated on the Site (including where we provide local pricing), all fees are in US dollars and are exclusive of any applicable consumer taxes and bank/conversion fees.

5.10. Taxes: You are responsible for paying any levies or taxes associated with your use of our Services, such as sales taxes, value-added taxes, or withholding taxes (unless we are required by law to collect these on your behalf).

6 Cancellation of Subscription

6.1. Your Subscription continues for the Subscription Period, and at the end of each Subscription Period, provided you have paid all Subscription Fees owing, your Subscription will be automatically renewed for recurring monthly periods (each of which will be considered a Subscription Period). If you wish to cancel your Subscription you must do so through your Account.

6.2. If you wish to cancel your Subscription:

and you notify us within the first 14 days of the first month of your Subscription Period, your Subscription will be immediately cancelled and, provided that you have completed less than 30% of any Courses you have started, we will refund any Subscription Fees paid by you. If you have completed 30% or more of any one Course then you will be charged the full Subscription Fees for the first billing cycle;
and you notify us at any time after the first 14 days of the first month of your Subscription Period, your Subscription will be cancelled immediately and provided that you did not commence, participate in or complete any Courses during the relevant month that you give us notice, we will refund the Subscription Fees paid by you for that month, together with any additional upfront Subscription Fees paid by you.

6.3. Cancellation of your Subscription will result in removing access to any enrolled Courses purchased on the Subscription that you have not finished or completed during the Subscription Period.

6.4. Courses completed and certificates earned during the Subscription Period will still be available regardless of the cancellation.

6.5. Insufficient balance or payment errors in your nominated payment method will result in the Cancellation of your Subscription. If you wish to resubscribe due to the error, you can re-purchase the Subscription and all Subscription Courses, and Progress will be reverted to your account.

7 One-off Purchase, Single Course Purchase or Standalone Course

7.1. You may purchase Courses without a Subscription, in which case you agree to pay the Course Fee, as set out on the Site, in full prior to accessing the Course using the payment methods set out on our Site. If you choose to pay your Course Fees using one of our third-party payment processors, you may need to accept their terms and conditions (if this is the case, these will be set out on our Site).

7.2. If you make a one-off purchase and choose to withdraw from the course within 14 days of the course's start date and when less than 30% of the course is completed, we will refund you the course fee paid to us. Please contact us to request a refund.

8 Late Payment

8.1. If any Subscription Fees are not paid on time, we may:

(a) suspend your access to our Services (including access to our Site); and
(b) charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 2% per annum, calculated daily and compounding monthly.

9 Course

9.1. When you purchase a Subscription, you will be asked to select which Courses you would like to complete. The list of Courses available to you is set out on the Subscription Site.

9.2. If you satisfactorily complete all of the Course requirements (as determined by us, acting reasonably), you will be eligible to receive the Course benefits as set out on the Site, including a certificate of completion.

9.3. Your Course commences on a Wednesday (i.e. if you sign up for a Course on Friday, your Course commences on the following Wednesday, and if you sign up for a Course on Wednesday your Course commences on the date you sign up) (Start Date).

9.4. All Single Course Purchases have a deadline. If you fail to complete your Single Course before the Deadline, you will continue to have access to Course Content, but you will no longer be able to submit or receive a certificate of completion.

9.5. For each Single Course Purchase, you acknowledge and agree that you must complete the Course before the Deadline.

9.6. When you purchase a Single Course, you acknowledge and agree that you must finish the Course before the Deadline to continue having access to the Course Content.

9.7. You will continue to have access the Course Content after the Deadline.

10 Warranties and Representations

10.1. You represent, warrant and agree that:

(a) that all information and documentation that you provide to us in connection with any Course is true, correct and complete;
(b) where you join our Discord group, you will comply with our reasonable instructions and Rules of Conduct; and
(c) that you will provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Course.

11 Promotions

11.1. We may occasionally issue promotional discount codes for certain products on the Site or via email. To claim the discount, you must enter the promotional discount code when selecting the Course and entering your payment details through the Site. The conditions of use relating to promotional discount codes will be specified by email at the time they are issued.

11.2. At our sole discretion, we may offer promotional schemes, including where we engage you to refer individuals to us (Referral Program). The details of the Referral Program 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 Program.

12 Discord Group

12.1. Before the Course starts, you may be invited to a Discord group. You acknowledge and agree that we are under no obligation to create, maintain or invite you to a Discord group.

12.2. Where you are invited to a Discord group, you may remain in the Discord group even after the conclusion of the Course provided you comply with our rules of conduct set out on our Site (Rules of Conduct). You will no longer have access to the Discord group when these 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, publicize or otherwise submit content (Submit), such as comments, questions, pictures, links, videos and files through the Discord group (User Content). You must submit User Content in accordance with these Terms.

12.3. We ask you to limit your discussions to topics relevant to the Course 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 group.

12.4. 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 User Content that:

(a) defame, harass, threaten, stalk, menace, track, monitor, mistreat, discriminate, 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.

12.5. 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.

12.6. We are not responsible for the conduct of any participant in a Course. You agree and acknowledge that you participate in the Discord group, including by Submitting User Content, at your own risk. 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, licenses, consents and releases that are necessary to grant to us a right and license 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.

12.7. By making any User Content available on or through the Discord group, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license 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.

12.8. This clause will survive the termination of these Terms.

13 Intellectual Property

13.1. Protecting the intellectual property of all Course participants is extremely important to us. In line with our Code of Conduct, you agree that you will not copy, reproduce, share, publicize, or create derivative works of any content on the Course platform that is not your User Content, including the portfolio projects of other Course participants that you may have access to.

13.2. 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 Courses, templates, blogs, social media content, checklists, tools, tips and email communication or other materials (including in connection with these Terms, the Site and our Courses) 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.

13.3. You agree that any development, modification, adaptation, or improvement of any Content 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.

13.4. Subject to clause 10.7, we grant you a non-exclusive, worldwide, revocable, non-sublicensable and non-transferable right and license to access and download the Content and Improvements, solely for the purpose of participating in the Course and your personal use and enjoyment.

13.5. You own all intellectual property you create through your participation in a Course including your portfolio projects and all intellectual property that you create prior to agreeing to these terms. Nothing in these terms constitutes a transfer or assignment of your prior intellectual property rights.

13.6. You grant us a non-exclusive, irrevocable, worldwide, non-sublicensable, and non-transferable right and license to use your intellectual property to deliver our Course and Site to you and to publish your Course portfolio on our Site, as contemplated by these Terms.

13.7. If you have any Moral Rights in any material provided, used or prepared in connection with these Terms, including attributing your name with the Course portfolio displayed on our Site, you agree to (and will procure that your Personnel) consent to our use or infringement of those Moral Rights..

13.8. We may ask you whether you are happy to share your Course 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 license to share and disseminate any part or all of your Course portfolio project with those third parties.

13.9. This clause will survive the termination of these Terms.

‍14 Exclusions

14.1. You must not access or use the Site, the Content or participate in any Courses except as permitted by these Terms and you must not do, omit to do, or authorize any act that would or might invalidate or be inconsistent with our intellectual property rights on the Site or in the Courses. 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 Course;
(b) cheat, collude or plagiarize when participating in a Course;
(c) resell, assign, transfer, distribute or provide others with access to the Course or any Content from the Course (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 Courses;
(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 Courses;
(g) use the Site or any resources from the Site or Courses in any way which is in breach of any applicable local, state, federal or 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 authorized 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.

14.2. This clause will survive the termination of these Terms.

‍15 Australian Consumer Law

15.1. 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 the 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.

15.2. If the ACL applies to you as a Consumer, 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.

15.3. 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.

15.4. 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 Courses provided to an entity defined as a Consumer under the ACL is governed solely by the ACL and this Agreement.

15.5. Subject to your Statutory Rights, we provide all material, work, goods and services (including the Services) to you without conditions or warranties of any kind, implied or otherwise, whether in statute, at law or on any other basis, except where expressly set out in these Terms.

15.6. This clause will survive the termination of these Terms.

‍16 Limitations

16.1. 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 (excluding negligence), indemnity or otherwise.

16.2. 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 Course 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 Courses (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 Courses may be contingent on, or impacted by;
(e) errors in the Site or Courses;
(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 Courses or the Content.

16.3. This clause will survive the termination of these Terms.

17 General

17.1. 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.

17.2. Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with an authorized representative of 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).

17.3. No commercial use: Our Site is for your personal, non-commercial use only. You must not use our Site, Courses, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website, without obtaining a license to do so from us.

17.4. 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 any liability we suffer and for any profits that you may make from non-permitted use.

17.5. Variation: We may modify these Terms from time to time by providing you with 30 days’ notice via email, Discord or notification to your Account. By continuing to participate in the Course 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 Course, terminate your Account and terminate these Terms.

17.6. 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.

17.7. 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.

17.8. 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.

17.9. Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

17.10. 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 Courses may be accessed in Australia and overseas. We make no representation that the Site or Programs comply with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site or Courses 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 Courses.

17.11. This clause will survive termination of these Terms.

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For any questions and notices, please contact us at:
EveryAfter Pty Ltd
ABN 92 645 299 789
Email: support@entrylevel.net
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15 August 2024