Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU REGISTER OR USE RACHEL’S LIST.

By accessing, browsing, registering for, buying from or using this website you are agreeing to comply with and be bound by the following terms and conditions of use.

Purpose and Site Use

Rachel’s List (“Rachel’s List”, “The List”, the “Site”) is a jobs board and community website for freelance writers, journalists, copywriters, content specialists, editors, PRs and comms people. The purpose of our Site is to connect these various parties with job advertisements.

The premise is simple: editors, employers and businesses can post job advertisements to which freelancers (paid, approved members of the Site) can respond to via the Site.

Rachel’s List (“Rachel’s List”, “The List”) requires that your use be both appropriate and professional, and that you, (as applicable, “you” 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, 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 freelancer 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 you. If you are using the Site on behalf of a company or other legal entity, you are nevertheless individually bound by these Terms.

Registering For an Account

Freelancers who register for an account must provide an email address, and first/last name. Your email address is only listed at registration, and shall not be displayed to anyone except the administrators of the site. You will also be required to fill out your profile with information such as your phone number, address, email, website and LinkedIn URL. Your profile is used in the Rachel’s List approval process and cannot be accessed by other Users. Profile information is not publicly searchable and is only visible where explicitly stated within the platform.

Additionally, the submitted profile information will be reviewed and used as part of a quality and user profile accuracy check. Once your application is approved, you will be offered the chance to upgrade to a monthly or annual Gold membership. You will then be able to apply for job advertisements via the Site using your unique login. You will also be able to join our private Facebook group, and submit your work to be included in our Friday night newsletter, The Wrap-Up. Registered, approved users will be added to our newsletter and are informed of this in their registration email. If you wish, you may fill in a form to participate in a buddy matching program we run, linking like-minded Rachel’s List Users for accountability, connection, possible leads etc. If you are an early-career freelancer, you must apply for access and may be invited to join our Starter membership, which gives you access to junior and entry level jobs and a Starter Toolkit of tools to help you land work. The Starter membership does not include access to the FB group, Lunch Clubs or other perks and discounts unless stated.

Job-posters / Job-listers who register to post jobs must also provide a username, email address and first/last name. Your email address is only listed at registration, and shall not be displayed to anyone unless you opt to have this information displayed. You may also fill out your profile with information such as your company name, URL, phone number, address, email and any website links. Job-posters / Job-listers do not have access to full job ads. To view jobs, job-posters may wish to apply to use the site as a freelancer (approval is subject to our discretion and you meeting freelancer criteria).

ALL GROUPS Once you are assigned your unique Rachel’s List login credentials, you agrees to keep this information confidential to prevent any other party from using these credentials. You agree to be responsible for any conduct committed under your unique credentials. If you suspect that the security of your login credentials has been compromised due to no fault of your own, please contact us immediately at hello@rachelslist.com.au

Content from Users

All User-created content within Rachel’s List exists as a “Job Advertisment”.

• “Job Advertisement”: A “Job Advertisement” is a free recruitment post of a job role in which a User fills in our “post a job” form (usually, with information about the job, the conditions, the criteria and how to apply). These advertisements are for full-time roles, part-time roles, contract roles, freelance gigs and projects. The “Job Advertisement” goes through an approval system before the Rachel’s List team post it live onto the “Jobs Board”. We post jobs at our discretion and do not guarantee to post jobs that do not fit the criteria of our website (ie, the Job Advertisement must pay market rates, it must be a genuine job opportunity, there must be information of how to apply, etc). We may make minor modifications relating to grammar and formatting.
• Job Advertisements of all kinds will live on our jobs board for 30 days unless you request we close the job early. If you wish to close a job before the expiry date, please email us at hello@rachelslist.com.au
• There are two types of “Job Applications” available for Job Advertisements. A User may include an email address for the freelancer to apply for the job or they may include the URL of an external website where the freelancer can go and apply.
• Rachel’s List does not retain applications or application data submitted as part of any Job Application on our website.

You are solely responsible for your interactions with other Rachel’s List Users. Rachel’s List reserves the right, but has no obligation, to monitor disputes between you and other Rachel’s List users. As mentioned elsewhere in these Terms, Rachel’s List reserves the right to close an account or remove posted content at its sole discretion, which may or may not be due to a violation of these Terms or another party’s intellectual property rights.

Rachel’s List may display, reproduce, and distribute User content solely for the operation and promotion of the Site.

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 freelancers, you must be earning a living as a journalist, copywriter, content professional, comms professional, PR, editor or other creative and be able to provide proof via clippings, a web portfolio, a LinkedIn account and/or a current CV.

If you are an early-career freelancer, we have a Starter membership you may be eligible for. We ask that you apply for this via our application form on the ‘freelancers’ page or contact us 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 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 your use of the Site and/or Services at our discretion.

User Rights

We are committed at all times to ensure accuracy and up-to-date information in our job postings, blog and resources (shop). However it is an essential pre-condition of using our website that you agree to indemnify, defend, and hold Rachel’s List harmless for all damages and costs related to your use of the Site, including your submission of content which may violate any third party’s rights or applicable law, and any of your activity or purchases on the Site. Furthermore, Rachel’s List is not liable for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our job advertisements, documents or information, any goods or services we sell in the Resources (shop), disputes with job-posters or freelancers, or from any other use of the website.

By purchasing any products from our Resources (shop), you agree that Rachel’s List is not liable for any decisions made or actions taken based on the templates or tools provided.

Ownership and Rights to Your Content

Except for the extent of our described use you accept that you own the information you provide to the Site under these Terms of Service, and may request its deletion at any time, unless you have shared information or content with others who have not deleted it, or it was copied or stored by others.

You represent and warrant that you 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 your responsibility to keep your Rachel’s List profile information accurate and updated.

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 your 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 posted independently of the site administrators which may fall below market rates. It’s the responsibility of freelancers 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 freelancers on the posting that the job pays below market rates. We are happy to make minor modifications to job ads throughout the duration of the ad listing.

Rachel’s List gives no guarantee to freelancers of the continued availability of any particular job advertised on the Site and will not be liable to you should an advertiser have filled the vacancy at any time prior to removal of the advertisement from the Site. Whilst Rachel’s List takes efforts to ensure that jobs advertised are for actual job vacancies, it gives no guarantee to you that every job advertisement represents an actual job vacancy.

Information does not represent professional advice

You acknowledge and agree that information published by Rachel’s List is intended to provide general information in summary form on market insights, legal and other issues. Rachel’s List does not warrant the accuracy or completeness of such information.

Rachel’s List does not endorse or recommend any of the jobs, business or self-employment opportunities advertised on its Site and Rachel’s List strongly recommends that prior to entering into any agreement with any of the Advertisers on the Site, that you obtain your own independent legal, accounting, financial or taxation advice as appropriate. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the Internet generally.

In no event will Rachel’s List be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Site.

Third Party Sites and Developers

Rachel’s List provides links and pointers to Internet sites maintained by third parties from its Site. Such linked sites are not under the control of Rachel’s List and Rachel’s List is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site.

Rachel’s List is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Rachel’s List of the linked site. Rachel’s List is not responsible for the copyright compliance of any linked site. Rachel’s List will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.

Privacy

You 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 you submit to Rachel’s List. You acknowledge that their submission of any information and content to Rachel’s List is voluntary.

Disclosure of User Information

You acknowledge, consent and agree that Rachel’s List may access, preserve, and disclose your registration and any other information you 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 YOU ARE DISSATISFIED OR HARMED BY RACHEL’S LIST OR ANYTHING RELATED TO THE SITE, YOU MAY CLOSE YOUR SITE ACCOUNT AND TERMINATE THIS AGREEMENT. TERMINATION WILL BE YOUR 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 YOUR 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

You 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 your Rachel’s List account, you will no longer be able to access the Site. The termination will be effective upon the processing of your notice. You may request and be granted a refund if cancelling within one month of paying a Gold membership or Starter membership fee, if you feel the service is not suitable or you feel you have been incorrectly charged. Refund requests 30 days after a payment has gone through will not be granted for any reason.

Rachel’s List may terminate the agreement set forth by these Terms and your 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, whether that is for commercial gain without authorisation, infringing the intellectual property rights of another, and any other behaviour or conduct that, in our sole discretion, goes against the purpose of these Terms.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

You agree 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. You agree 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.

Notices

Rachel’s List will add all registered users automatically to a Mailerlite newsletter mailout. You may unsubscribe from this mailout at any time. You 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

Promotion and marketing

If you participate in a video call (e.g. by Zoom) or make a comment or send us any other communication as part of a masterclass or Lunch Club with us, you consent to our recording that video call, your comment or any other communication you have shared and using it as we see fit in our marketing without further consent from you.

Entire Agreement

You agree that these Terms constitute the entire, complete and exclusive agreement between you 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.

You may be subject to additional terms and conditions that may apply when you use or purchase other Rachel’s List services, third-party content or third party software.

Should you be concerned at any time that you may contravene or have contravened these Terms and Conditions, please contact Rachel’s List to discuss.