Client Services Agreement

Last updated: 02 November 2021

Grad Jobs Client Services Agreement (“Agreement”)

These terms and conditions constitute the Agreement between MJT Investments Pty Ltd as the Trustee for MJT Family Trust t/a Grad Jobs (ABN: 15 635 052 421) (“Grad Jobs”) and any person who subscribes to receive Grad Job’s Services (“Client”). In completing your registration to receive Services from Grad Jobs and paying the fees for the Services you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, then you must not register or use our Website.

We may modify and update the terms and conditions of this Agreement at any time, without notice. You need to ensure you review this Agreement from time to time. By continuing to use the Website and Services after any update to this Agreement, you agree to the updated Agreement. If you do not agree to the updated Agreement, then you must stop using the Website and Services immediately.

PURPOSE OF THIS AGREEMENT:

A. The purpose of this document is to formalize agreement for Grad Jobs to provide the Services to help students and graduates to obtain employment, internships and work experience opportunities.

B. The Client will be providing certain Confidential Information to enable Grad Jobs to provide the Services, which Grad Jobs agrees to keep confidential.

C. The Client agrees to make payment for the Services in accordance with the fees set out on the check-out page on the Website.

D. By clicking the box on our Website, the Client accepts the Services as specified in the Program selected by the Client, and the Client is bound by this Agreement.

E. The terms and conditions of this Agreement govern our arrangement for these Services as follows:

1 DEFINITIONS:

1.1 “Confidential Information” means any written or oral information that is provided by or disclosed directly or indirectly through any means that is not already in the public domain, and may include information about business affairs, financial information and personal information.

1.2 “Cooling Off” means the 7-day period after payment whereby the Client may request a refund for payments made less an administration fee in accordance with the Refund policy.

1.3 “Grad Job’s Personnel” means any employee, independent contractor, agent or other representative of Grad Jobs who is directly to provide any Services under this Agreement.

1.4 “Group Forum and Conduct Rules” means the rules governing any Group Sessions, group forums in our social media or that may be offered by any other medium from time to time.

1.5 “GST” means the goods and services tax as defined in the A New Tax System (Goods and Services) Act 1999 (Cth).

1.6 “Services” means the services provided to Clients as described on the Website and includes the Program.

1.7 “Materials” means online training material, videos, literature, written documents, templates, performance tracking tools, questionnaires, modules, exercises, email content, presentations, worksheets, FAQs or any other material which relate to the Program or that may be required to assist and enable the Services to be performed.

1.8 “personal information” has the same meaning as set out in the Privacy Act 1988 (Cth) and includes information or an opinion about an identified individual, or an individual who is reasonably identifiable, such as a person’s name, phone number, email and residential address and other identifying information about a person.

1.9 “Program” includes a combination of materials and training activities (individual and group activities), which is the package of Services selected by the Client on the Website, intended to assist the Client progress to meet their goals of obtaining employment or internship positions.

1.10 “Website” means our website which is located at mygradjobs.com.au

1.11 A reference to “we“, “us” or “our” is a reference to MJT Investments Pty Ltd as the Trustee for MJT Family Trust t/a Grad Jobs (ABN: 15 635 052 421) and any contractors or employees from time to time.

1.12 A reference to “you” or “your” is a reference to the Client.

2 HOW IT WORKS:

2.1 We will collect basic information about you and your journey initially to understand such things as your education, work experience and employment needs and whether you are suitable client that we may be able to assist.

2.2 Grad Jobs conducts a ‘no cost’ introductory discussion to determine if the Services are suitable for the Client. This introductory discussion is also to provide an opportunity for the Client to ask questions and understand what the Services consist of and whether the Services are suitable for their own purposes.

2.3 In order to receive benefit from the Services, the Client understands that they need to commit to the full program. Any cancellation after this Cooling Off period is in accordance with our refund policy. Any refund after this Cooling Off period is in the sole discretion of Grad Jobs and Grad Jobs may deduct the cost of Services and Materials provided to the Client as well as charging an administration fee for calculating and making the refund.

2.4 The Client acknowledges and agrees that there are no refunds offered after the Cooling Off period. As Grad Jobs has invested considerable time and cost in setting the Client up with Materials and has blocked that participant spot for the Client to the exclusion of other clients, it would be detrimental to Grad Jobs to provide any refunds after this period. Any other refund is in the sole discretion of Grad Jobs.

2.5 In relation to the registration for the Services, you consent to the giving of information for the purposes of this Agreement by electronic communication (as defined in and for the purposes of the Electronic Transactions Act 2000 (SA) and without limiting the generality of the foregoing, your consent and signature as to acceptance of the terms and conditions of this Agreement will be completed by your ticking the acceptance box on our checkout form.

2.6 You must register in order to access and receive our Services, Material and any Program selected by you. You need to first fill in your registration details that are required in the online form to gain access to the Website.

2.7 To be eligible to access our Website and to receive our Services, Material and any Program selected by you, you acknowledge and agree to the following:

(a) You will not share your password or login details with any other person and you will keep your contact, payment and other information updated;

(b) You warrant that all information you provide is true, correct, up-to-date and includes accurate personal information and details;

(c) You will not transfer, sublicense or grant access to any of our Services to any other person or other legal entity.

2.8 This Agreement is for the period set out on the Website. It is up to the Client to ensure they arrange and are available for all sessions of the Program and for the Services to be provided in full.

3 SERVICES:

3.1 Grad Jobs agrees to provide the Services in accordance with the terms and conditions of this Agreement. Grad Jobs agrees to provide these Services in a professional manner and in accordance with generally accepted industry practice and standards and will ensure any employees, contractors or representatives that Grad Jobs may engage from time to time will have the relevant qualifications and are under the same standards requirements.

3.2 Services may be provided in person face-to-face, by telephone, email, via web-based means (such as Skype, Zoom, or similar), social media platform (such as LinkedIn, or similar) or as otherwise selected by Grad Jobs. The Client is responsible for ensuring they have the appropriate computer and communication facilities available to receive the Services.

3.3 All one-on-one appointments included in the Programs must be scheduled and agreed in advance by Grad Jobs including any one-on-one appointments which are rescheduled due to unavailability of either party. Any other one-on-one appointment is subject to availability.

3.4 If a Client is unable to attend or wishes to reschedule any one-on-one appointment, a minimum of twenty four (24) hour notice is required to permit Grad Jobs to offer this session time to another Client. Any one-on-one appointments that are not notified to Grad Jobs for cancellation or rescheduling prior to this twenty-four (24) hour requirement may be forfeited and may not be rescheduled. No more than 2 cancelled and rescheduled one-on-one appointments will be permitted during the Program.

3.5 Group Sessions:

(a) Grad Jobs also offers group sessions as part of their Services. The Client agrees to, at all times, abide by the Group Forum and Conduct Rules outlined on the Website and social media group pages. In the event of any breach of these Group Forum and Conduct Rules, Grad Jobs may, in their sole discretion, ban the Client from the group and any further sessions without any requirement for refund of fees.

(b) These Group Sessions will be recorded and added to a library to enable current clients who may miss sessions or wish to review their sessions, to listen to the session again (‘the Recording’). These recorded Group Sessions may also be available, from time to time, to future Clients for educational purposes.

(c) By attending any Group Session, you hereby agree to: recording of the Group Sessions, Group Forum and Conduct Rules; and release of the Recording for any ongoing use by Grad Jobs for any purpose including but not limited to: ongoing education and Services, commercial or other use as determined by Grad Jobs in their sole discretion from time to time without any royalties, intellectual property ownership or other claim.

3.6 The Client will be provided with performance tracking tools, modules, templates and exercises to complete from time to time. The success of the Program and our Services is dependent on the Client commitment to following the recommendations provided.

3.7 The Client will not allow other persons to attend any one-on-one appointments or group sessions unless agreed in advance by Grad Jobs.

4 WARRANTIES

4.1 Legislation may confer certain rights, warranties and guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law (‘ACL’) in the Consumer and Competition Act 2010 (Cth). At no time are these statutory rights sought to be excluded.

4.2 When the statutory rights apply, to the extent possible, the liability of Grad Jobs and Mackenzie Thompson in respect of any claim is limited to, at the option of Mackenzie Thompson:

(a) the supply of any Services again; or

(b) the payment of the cost of having any Services supplied again.

4.3 Grad Jobs represents and warrants:

(a) in providing the Services, they will comply with all legal and industry standards or codes of practice; and

(b) the work performed to provide the Services will be done to a high standard in accordance with best practice.

4.4 The Client acknowledges and agrees that Grad Jobs may amend and change the Program and the scope or content of the Services if, in the sole opinion of Grad Jobs, it would benefit the Client or be required to meet the terms of this Agreement.

4.5 The Client acknowledges and agrees that:

(a) they will provide all relevant information required for Grad Jobs to carry out the Services in a timely manner;

(b) results of Services vary from individual to individual. For this reason, performance, progress and success of any particular Services are reliant on the Client and individual to meet their own requirements. The Client acknowledges that participation is encouraged and necessary for any progress. Grad Jobs cannot and does not guarantee any particular or any results and the Client is solely responsible for their progress. If any time during the Services the Client feels their progress is not as expected, it is the responsibility of the Client to advise Grad Jobs immediately of any concerns in order to give Grad Jobs Personnel an opportunity to address and assist. Grad Jobs will use reasonable efforts to resolve the concerns, however at no time does Grad Jobs guarantee or warrant any increase or altered progress or performance; and

(c) Grad Jobs and Grad Job’s Personnel are only providing the Client with facts, information, insights and educational material to assist their performance, goals and mindset to assist the Client to obtain employment or an internship position. The Client needs to decide what may work best and may be suitable for their own personal or business needs. It does not constitute nor should it be treated as formal advice of any type or nature nor does Grad Jobs guarantee any particular results including but not limited to any increase in employment or obtaining any internship, income, performance, productivity or success. Specific results from the Services are reliant on external factors which may be out of our control and dependant on the Client’s own situation and participation. The Client needs to make their own enquiries and analysis to determine if any of the information is suitable for their own particular purposes and suitable for their situation.

5 DISPUTES

5.1 If at any time any aspect of the Services are not reasonably acceptable to the Client, or both parties disagree on the quality, substance, or the parties disagree for any reason on the Services, the Client will immediately notify Grad Jobs of any such reason, the specifics and will give a reasonable opportunity for Grad Jobs to respond and address any concerns. Feedback and discussion are important to the sessions and provision of the Services and it is up to the Client to provide such feedback in order to give Grad Jobs an opportunity to resolve any issue quickly and effectively.

5.2 If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both the Client and Grad Jobs. At no time will any communications or discussions be made public, this includes but is not limited to any social media websites of either party. Any public discussion or comments about either party are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.

5.3 In the event of any dispute on the work, quality or ownership that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each of us agrees to pay our own costs.

6 RELATIONSHIP

The relationship under this Agreement is that of principal and independent contractor.  This Agreement does not make either party a joint venturer, partner, employee or agent of the other.  No act or omission of either party is to bind the other party except as expressly set out in this Agreement.

7 OWNERSHIP OF INTELLECTUAL PROPERTY

7.1 Materials may be provided to the Client from time to time during and to enable the provision of the Services. All Materials are provided without warranties of any kind, both express and implied. Any Materials, and other intellectual property both tangible and intangible, which is provided or may be developed as a result of or during the Services is and will remain the property of Grad Jobs at all times. No Materials may be reproduced or used for any purpose other than the personal private use of the Client and at no time may the Materials be reproduced and provided to third parties without the express written permission of Grad Jobs.

7.2 Some of the Materials may, from time to time, be licensed to Grad Jobs specifically for provision of the Services and contain restrictions on sharing, multiple use, or other licensing restrictions. For this reason, Grad Jobs does not permit use of any Materials outside of the Services unless otherwise agreed in writing.

8 INFORMATION PROVIDED TO PERFORM THE SERVICES

8.1 Confidentiality obligation of Client:

The Client agrees that he or she will:

(a) keep confidential and secure;

(b) not use directly or indirectly; and

(c) not disclose directly or indirectly,

this Agreement and all Confidential Information relating to, arising under or acquired under or as a consequence of this Agreement and the Services, except:

(i) as required by law or any regulatory authority; or

(ii) with Grad Jobs’s express written consent; or

(iv) which the Client can establish is in the public domain (other than through a breach by the by the Client of this agreement).

8.2 Confidentiality obligation of Grad Jobs:

Grad Jobs agrees that they will:

(a) keep confidential and secure;

(b) not use directly or indirectly; and

(c) not disclose directly or indirectly,

this Agreement and all personal information relating to, arising under or acquired under or as a consequence of this Agreement and the Services, except:

(i) as required by law or any regulatory authority; or

(ii) with the Client’s express written consent; or

(iii) which Grad Jobs can establish is in the public domain (other than through a breach by the by Grad Jobs of this agreement).

8.3 Grad Jobs will not at any time disclose or allow access by any person or third party to any of the Confidential Information unless required to perform the Services in which case, Grad Jobs will ensure they are under the same duty of confidentiality as Grad Jobs under this Agreement.

8.4 Grad Jobs may also disclose the Confidential Information in the case of any proposed, threatened or potential emergency involving the Client, where required by any law or regulation or in the case of litigation to protect Grad Jobs, Grad Jobs’s Personnel or the interests of Mackenzie Thompson.

9 PAYMENT, PRIVACY AND REFUND

9.1 Services will only be provided once payment has been made and received by Grad Jobs or you have elected to sign up for monthly payments, where offered.

9.2 In the event that Grad Jobs fails to receive payment of any fees due, or if the Client, does not perform their obligations under this Agreement, the Grad Jobs may refuse to continue to provide the Services and may terminate this Agreement immediately without notice. Any outstanding fees becoming immediately due and payable.

9.3 If GST is payable in respect of payments made by the Client to Grad Jobs under this Agreement, the amounts payable will be increased by the amount of the GST and Grad Jobs will provide the Client with a Tax Invoice.

9.4 All payment and personal information will be kept in a secure manner in accordance with Privacy Act 1988 (Cth) and the Australian Privacy Principles.

9.5 By providing Grad Jobs with your payment and credit card details, the Client authorizes payment for Services. In the event the Client has chosen payments to be made on a recurring basis, the Client hereby authorizes such payments to be deducted by Grad Jobs until the full payment has been made in accordance with this Agreement.

9.6 Grad Jobs does not process any payments on the App or our Website or store credit card information on the Website, in the event payment transactions occur on our App or our Website, we pass credit card information to PayPal or Stripe and other third party payment processors from time to time,  using secure payment technology and PayPal or Stripe processes the transaction and send us the confirmation of payment: For further information about PayPal or Stripe, please visit their websites.

9.7 Refunds: There are no refunds available after the 7 day Cooling Off period. Any refund during the 7 day Cooling Off period, will be for the amount of the refund less an administrative fee to cover the cost of the materials and time provided by Grad Jobs.

9.8 Default: Failure to make a required payment when due under this Agreement shall constitute a material default under this Agreement.

10 TERMINATION AND CANCELLATION

10.1 For any breach of any of the obligations of this Agreement, the person who has committed the breach will immediately remedy or rectify the breach promptly.

10.2 Grad Jobs may, in their sole discretion, decide to stop the Services for any reason including if the Grad Jobs believes that the working relationship has broken down including a loss of confidence and trust; or for any other reason outside their control which has the effect of compromising their ability to perform the Services. In the event of such termination by Grad Jobs, it will calculate the fees for Services up to the last date of delivery of the Services and refund fees to the Client for the balance of the Term, less the cost of any Materials provided to the Client as well as any administration fee for attending to the refund of fees.

10.3 In the event the Client decides to terminate the Services, all outstanding fees become due and payable. Any debt collection agency or court fees incurred in collection or recovery of these outstanding fees will become the responsibility of the Client and will be added to the outstanding fee amounts.

10.4 Confidentiality obligations survive and continue in the event of any dispute or termination and, in any event, after the delivery of the Services.

11 LIMITATION OF LIABILITY AND INDEMNITY

11.1 Grad Jobs is not an employment agency or a recruiting firm and we are not involved in and assume no liability in respect of offers of employment or internship, contracts of employment or internship, or any other transactions or dealings that may occur between you and any employer or organisation at which you may be offered or obtain employment or any internship.

11.2 Grad Jobs makes no representation as to the suitability of any employer or organisation offering any employment, internship or work experience opportunities. Grad Jobs is not responsible for, and has no liability in respect of, the suitability for the Client of any employment, internship or work experience opportunities that the Client may apply for, even of such any employment, internship or work experience opportunities are discussed by us as part of the delivery of the Services.

11.3 Grad Jobs do not accept any responsibility for and are not liable for any loss or damage, whether direct, indirect, consequential or special damage, which the Client or any partner or dependent of the Client, may suffer resulting from reliance by the Client on any information received during delivery of the Service or through the Website.

11.4 The Client will defend, indemnify and hold Grad Jobs and any Grad Job’s Personnel harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar, including but not limited to any costs, losses, damages, whether direct, indirect, consequential or special damages, and all legal fees, which may be brought against Grad Jobs or the Grad Job’s Personnel (or both) by any third party in respect of any loss or damage (whether personal or property damage), death, injury, illness or medical condition resulting from (i) your breach or alleged breach of this Agreement, (ii) any misuse of our Services or any other activity you may engage in through use of our Website, or (iii) unauthorised use of our Website by you or anyone obtaining your login information.

11.5 The liability of Grad Jobs is governed solely by the ACL and this Agreement. Any other conditions and warranties which may be implied by custom, law or statute are expressly excluded.

11.6 In any case, Grad Jobs’s liability is limited at all times to amount of the total fees paid by the Client.

12 GOVERNING LAW

This Agreement is governed by the laws from time to time in force in the state of South Australia. Both parties agree to unconditionally submit to the exclusive jurisdiction of the Courts of South Australia for determining any dispute concerning this Agreement.

13 MISCELLANEOUS

13.1 Failure to exercise, or any delay in exercising, any right, power or remedy by a party does not operate as a waiver. A single or partial exercise of any right, power or remedy does not preclude any further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.

13.2 If a provision is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.

13.3 Each party must promptly execute all documents and do all things necessary or desirable to give full effect to the arrangements set out in this Agreement.

13.4 The expiration or termination of this Agreement does not affect any right that has accrued to a party before the expiration or termination date.­­­­