Trading Terms & Conditions
This Agreement shall govern the terms on which all Services are provided by Resume Guide Australia (ABN 34 974 720 266 )(“RGA” or “us” or “we” and includes our employees, officers, contractors and agents) to you.
For the purposes of this Agreement“Services” means the services or packages that you have selected to purchase on our website and the resulting products (“Products”) issued by us. Services also includes any additional services we may agree to provide to you from time to time.
SERVICES AND FEES
If you proceed to order Services on our website, you are engaging us to provide professional writing services to you for the fees that are stated on our website (“Fees”). We may choose to not accept any order of Services without any reason and we may choose to terminate the provision of Services to you at any time without any reason. We will provide a refund to you of Fees paid for Services that we will not delivery if we choose to reject or terminate the provision of Services.
The Fees must be paid in full before we will commence the provision of Services. Once paid, a team member will be in touch to arrange a consultation by email or phone.
All Fees advertised on our website are subject to change by us at any time. You will only be liable to pay the Fees that were on our website at the time that you place an order for Services. If you purchase additional Services, or vary the Services you have purchased, then the then current Fees on advertised on our website will apply and your engaging with us is deemed acceptance of those fees.
If you request the provision of additional Services, we will only be obligated to provide such additional Services if we agree to do so. Any additional Services will be subject to additional Fees and those Fees will be advised to you prior to proceeding. If you instruct us to proceed after being advised of the additional Fees, then you are deemed to have accepted same as due and payable.
We will carry out the Services in a timely manner and with due care and skill.
Where a time frame for completion of the Services is published on our website we will endeavour to complete the Services in that time frame.
Where we have agreed to provide you with Express Services (1 to 5 hour turnaround) and you have paid the agreed additional Fees for the Express Service, we will endeavour to complete the Services for you within the Express Service timeframe.
Notwithstanding that a timeframe may have been provided on our website or otherwise agreed provided we have used reasonable endeavours to comply with that timeframe, we will not be liable to you for any delay in the completion of Services for any reason and for the avoidance of doubt, you will not be entitled to a refund of any Fees paid.
Without limiting the foregoing, we will not be liable for delays resulting from your failure to provide us with any information requested by us in a timely manner. The onus is on you at all times to provide us with any information requested in a timely and accurate manner taking into account any timeframes for delivery you have requested.
AMENDMENTS, COMPLAINTS, REDELIVERY AND REFUNDS
Following us delivering a Product to you, you will be entitled to request changes or amendments to the Product (within the scope of the Services you have purchased) however you must advise us of any changes or amendments within 48 hours of delivery of the Product. If you fail to advise us of any changes or amendments you require within the 48 hours timeframe, we will not be obliged to make any such changes or amendments and, if we do agree, we may require you to pay additional Fees for same.
If you have any complaint about the Services we have provided to you (other than and except for a request for changes or amendments which must be dealt with in line with the foregoing paragraph), then you must advise us of your complaint within 7 days of us completing the delivery of the Services to you. If you do not advise of your complaint in writing within 7 days, then you are deemed to have accepted the Services.
The Australian Consumer Law provides you with warranties and guarantees that we cannot contract out of. To the maximum extent permitted by law, we expressly disclaim any warranties or representations whatsoever including but not limited to any warranty that the Services are fit for purpose or that the Services will render any specific results.
Without limiting the foregoing, you acknowledge that we do not provide any guarantees or warranties:-
- that you will like our writing or formatting style; or
- that you will be successful in obtaining employment on the basis of any Product provided by us to you; or
- that there will be any particular outcome as a result of you using our Services; or
- that the perspective employer will not make any negative comments about your Products (each employer having their own personal preferences),
and you are not entitled to a refund for any of the above matters.
Subject to the next paragraph, if we are found liable to you, then your sole recourse against us is limited toa redelivery of the Services by us to youor a refund of the Fees paid by you to us in relation to the Services for which we are found liable.
Except to the extent that the Australian Consumer Law expressly requires or we have otherwise expressly stated in this Agreement, you will not be entitled to a refund for any Fees paid to us unless we agree.
STYLE AND FORMAT
Please note, the Products we issue are creative in formatting, style, grammar and language (“style”) based on our experience in the Australian employment market but we do not guarantee or warrant that we are industry experts. That means that the Product delivered by us may be worded differently to how you might have anticipated or expected. If you request changes to the style during the 48 hour window, we may advise you why we do not agree with such changes. Ultimately if you demand stylistic changes in the 48 hour window we will make them for you but by doing so you accept that the Product would no longer be in the form recommended by us. As set out in more detail below, you do not have any right to a refund because you are unhappy with our style.
Our Products are a result of the information that you provide to us combined with our professional and creative writing skills.
INFORMATION PROVIDED BY YOU AND OUR INTELLECTUAL PROPERTY
We are entitled to rely on the information provided by you as being accurate and complete and we are not obliged to enquire further. It is your sole responsibility, and not ours, to ensure that the information contained in any Product issued by us accurately reflects your experience and qualifications.
We will not be liable to you for any errors or omissions in the information provided by you to us. If you bring an error or omission (that is our fault) to our attention, we will remedy it as soon as possible. All errors or omissions (that are not our fault) that result in the need for changes or amendments are subject to the paragraphs under the heading “Amendments, Complaints, Redelivery and Refunds.”
You are solely responsible for any changes or amendments you make to the Product after it is delivered by us to you.
You agree to not provide us any information or materials that are defamatory, threatening, obscene, offensive, harassing or otherwise unlawful or that contain the intellectual property rights of third parties.
All intellectual property created in delivery of the Services belongs to us. You must not reproduce or copy same without our consent.
INDEMNITIES BY YOU
In no event shall we be liable to you for any direct, indirect, incidental, consequential damages or any damages or loss whatsoever and howsoever arising. You indemnify us and agree to keep us indemnified from and against any third-party claim (including all costs on a solicitor own/client basis) arising from or in any way related to your use of our Services.
Without limiting the foregoing, you indemnify us and agree to keep us indemnified against any claims by any person (including yourself and third parties) whatsoever that arise in any way in relation to the accuracy of, and otherwise generally arising from, information provided by you to us.
You agree to respect our professional independence and skills.
These terms contain the entire agreement between us and you in relation to the Delivery of the Services unless otherwise agreed in writing by us after the date that you purchase a Product.
To the extent that our website may from time to time display additional terms and conditions in relation to a particular Service, package or product, then those terms shall be deemed to be incorporated into this Agreement and to the extent of inconsistency, they shall prevail.
If anything in this Agreement is unenforceable, illegal or void then it is severed and the rest of this Agreement remains in force.
The law of Western Australia governs this Agreement. The parties submit to the exclusive jurisdiction of the Courts of Western Australia.
We may update these terms from time to time. You should always follow the link on our website to ensure that you are viewing the most up to date copy.