Terms and Conditions

Note: You are concluding a legally binding agreement. Purpose and Site Use Rachel’s List (“Rachel’s List”, “The List”) requires that your use be both appropriate and professional, and that the User, (as applicable, “the User” being an individual, a company entity, or an individual acting on behalf of a company), use of the Site will be governed by these Terms of Service (“Terms” or “these Terms”). Rachel’s List is owned and operated by Rachel Smith and Leo Wiles, who may be contacted by mail: Rachel’s List, PO Box 464 Newtown NSW 2042 Australia or email: hello@rachelslist.com.au (“Rachel’s List”) Your registration as a User (“User” being a job-seeker or a job-lister/poster) and/or use of the, including any mobile applications of the Site, and other information given as part of the Rachel’s List services (the “Services”) constitutes an acceptance of these Terms of Service as a legally binding agreement. These Terms may be amended from time to time by the operators who will notify the User. If the User is using the Site on behalf of a company or other legal entity, the User is nevertheless individually bound by these Terms. Registering for a Rachel’s List account Rachel’s List retains the right to approve and disapprove members depending on a set of criteria: in the case of job-seekers, you must be earning a living in the media industry and be able to provide proof via clippings, a web portfolio, a current CV. Rachel’s List asks that entry level Users contact us for inclusion on a separate arm of Rachel’s List via hello@rachelslist.com.au. Rachel’s List asks that you represent and warrant that you are at least 18 years old, are not restricted in from using the Site, and will not abuse use of the Rachel’s List Services in any way. Rachel’s List reserves the right to prohibit the User’s use of the Site and/or Services at our discretion. User Rights As long as the User complies with these Terms, Rachel’s List grants the User a limited, revocable, nonexclusive, nonassignable, non-sublicenseable license and right to access the Services, through a generally available web browser (but not through scraping, spidering, crawling or other technology or software used to access data), view information and use the Site and Services that we provide on our webpages and in accordance with these Terms. Any other use contrary to our purpose listed in these Terms or communicated on the Rachel’s List Site (such as seeking to connect to someone you do not know or trust, or to use information gathered from the Site commercially) is strictly prohibited and will be considered a violation of these Terms. Rachel’s List reserves all rights not expressly granted in these Terms, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Rachel’s List and all related items, including any and all copies made of the Rachel’s List website. Ownership and Rights to Your Content Except for the extent of our described use the User accepts that the User owns the information the User provides to the Site under these Terms of Service, and may request its deletion at any time, unless the User has shared information or content with others who have not deleted it, or it was copied or stored by others. Additionally, Rachel’s List has a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licenseable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, now or in the future discovered, any information the User provides, directly or indirectly to the Site, including, but not limited to, any User-generated content, ideas, concepts, techniques or data to the services, the User submits to the Site, without any further consent, notice and/or compensation to the User or to any third parties. Any information the User submits to the Site is at the User’s own risk of loss as noted in these Terms. The User represent and warrant that they are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is the User’s responsibility to keep their Rachel’s List profile information accurate and updated. Indemnification The User agrees to indemnify, defend, and hold Rachel’s List harmless for all damages and costs related to all third party claims caused by the User’s use of the Site, including the User’s submission of content which may violate any third party’s rights or applicable law, and any of the User’s activity on the Site. Availability of Service Rachel’s List may modify, replace, or refuse access to, suspend, or discontinue the Site, and may modify prices for the provided Services at any time. Rachel’s List also reserves the right to remove any content posted on the User’s account, if in Rachel’s List’s discretion, the content violates these Terms. Rachel’s List has no obligation to maintain any of the information provided to the Site. Job postings Rachel’s List will make all efforts to ensure job posters are aware of industry rates but cannot be held responsible or accountable for jobs purchased and posted independently of the site administrators which may fall below market rates. It’s the responsibility of Job-seekers to satisfy themselves as to the appropriateness of the rate and negotiate as may be necessary. If you are a job-poster posting a job that pays below market rates, please be aware that we reserve the right to alert job-seekers on the posting. Third Party Sites and Developers Rachel’s List may include links to third party web sites (“Third Party Sites”). Rachel’s List are not responsible for and do not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. If the user decides to access Third Party Sites, the user does so at their own risk and understands that these Terms do not apply to the use of any Third Party Site. Privacy The User should carefully read the Rachel’s List Privacy Policy before deciding to become a User as it is hereby incorporated into these Terms by reference, and governs Rachel’s List treatment of any information, including personally identifiable information the user submit to Rachel’s List. The user acknowledge that their submission of any information and content to Rachel’s List is voluntary. Disclosure of User Information The User acknowledges, consents and agrees that Rachel’s List may access, preserve, and disclose the User’s registration and any other information the User provides if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in Rachel’s List opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce these Terms; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a Rachel’s List User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect our rights, property, personal safety, or the public. Disclosures of User information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Rachel’s List privacy policy. Disclaimer RACHEL’S LIST AND ALL INFORMATION AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION MADE AVAILABLE THROUGH THE SERVICE OR THE SERVICE ITSELF. IF THE USER IS DISSATISFIED OR HARMED BY RACHEL’S LIST OR ANYTHING RELATED TO THE SITE, THE USER MAY CLOSE HIS OR HER SITE ACCOUNT AND TERMINATE THIS AGREEMENT. TERMINATION WILL BE THE USER’S SOLE AND EXCLUSIVE REMEDY. RACHEL’S LIST MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY POSTINGS OR MESSAGES TO ANYONE, AND RACHEL’S LIST DOES NOT WARRANT THAT THE USER’S USE OF THE SITE AND/OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. RACHEL’S LIST MAKES NO REPRESENTATIONS AS TO THE IDENTIFICATIONS OF PERSONS USING THE SITE AND/OR SERVICES, AND RACHEL’S LIST IS NOT OBLIGED TO MONITOR USER ACTIVITY. OPERATION OF THE SITE AND/OR SERVICES MAY EXPERIENCE INTERRUPTIONS DUE TO MAINTENANCE, UPDATES, OR OTHER FAILURES, AND RACHEL’S LIST DISCLAIMS LIABILITY RESULTING FROM SUCH INTERRUPTIONS, MALFUNCTIONS, OR OTHER DISTURBANCES (E.G., INTERNET SERVICE PROVIDERS PROBLEMS). Limitation of Liability IN NO EVENT SHALL RACHEL’S LIST BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA AND LOST PROFITS) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THE SITE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL APPLY REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY. Termination Rights The User may terminate the agreement established by these Terms, for any or no reason, at any time, by providing written notice to Rachel’s List (including emails). By closing the User’s Rachel’s List account, the user will no longer be able to access the Site. The termination will be effective upon the processing of the User’s notice. Rachel’s List may terminate the agreement set forth by these Terms and the User’s account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in Rachel’s List notice. Misuse of the Services Rachel’s List may restrict, suspend or terminate the account of any User who abuses or misuses the Site and/or Services, which includes without limitation abusing the Rachel’s List messaging services, using the Site and/or Services for commercial gain without authorization, infringing the intellectual property rights of another, and any other behavior or conduct that, in our sole discretion, goes against the purpose of these Terms. Governing Law These Terms or any arising out of these Terms shall be governed by the laws of the state of NSW, Australia regardless of your country of origin or where the User access the Site. The User agrees that all claims arising out of or related to the Site and Services must be resolved exclusively by a state or federal court located in NSW, Australia, except as otherwise agreed by the parties. The User agrees to submit to the personal jurisdiction of the courts located within NSW, Australia for the purpose of litigating all such claims. Severability If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected in any way. Assignment and Delegation The User may not assign or delegate any rights or obligations granted by these Terms. Such assignment and delegation shall be ineffective. Rachel’s List may assign or delegate all rights and obligations under these Terms. Notices In addition messages provided to the User’s account, Rachel’s List may notify the User via postings on the Site. Rachel’s List will also add all registered users automatically to an Active Campaign newsletter mailout. The User may unsubscribe from this mailout at any time. The User may contact Rachel’s List via mail or courier at: Rachel’s List, PO Box 464, Newtown, NSW 2042 Australia, or by email at hello@rachelslist.com.au Entire Agreement The User agrees that these Terms constitute the entire, complete and exclusive agreement between the User and Rachel’s List regarding the Site and Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms. The User may be subject to additional terms and conditions that may apply when the User uses or purchases other Rachel’s List services, third-party content or third party software. Should the User be concerned at any time that he or she may contravene or has contravened these Terms and Conditions please contact Rachel’s List to discuss.