Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU REGISTER OR USE RACHEL'S LIST.
If you continue to view this website, sign up as a job-poster or job-seeker or buy from the Toolkit 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 recruitment site and community site for media, digital, PR and comms people. The purpose of our Site is to connect these various parties with paid job advertisements.
The premise is simple: editors, employers and businesses can buy job advertisements to which job-seekers (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 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, 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 an Account
Job-seekers who register for an account must provide an email address, and first/last name. The User’s email address is only listed at registration, and shall not be displayed to anyone except the administrators of the site. The User will also be required to fill out their profile with information such as the User’s phone number, address, email, web portfolio and LinkedIn URL. The User’s profile is used in the Rachel’s List approval process and cannot be accessed by other Users. Additionally, the submitted profile information will be reviewed and used internally to assist in The List’s media database product and services. Simply put, we do not intend to use email addresses given merely for registration, but information provided on profiles may be applied as part of a quality and user profile accuracy check on Rachel’s List’s media and key influencer research services. Once the User’s application is approved, the User will be asked to pay their annual admin fee of $95 + GST. They will then be able to apply for job advertisements via the Site and their unique login. The User will also be able to join our private Facebook group, and submit their 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.
Job-posters / Job-listers who register to post jobs must also provide a username, email address and first/last name. The User’s email address is only listed at registration, and shall not be displayed to anyone unless you opt to have this information displayed. The User may also fill out his or her profile with information such as the User’s company name, URL, phone number, address, email and any social media links. Job-posters / Job-listers do not have access to full job ads unless they have an active paid job pack awaiting use in their dashboard. To view jobs, job-posters may wish to apply to use the site as a job-seeker (but approval is subject to our discretion and the User meeting job-seeker criteria).
PRs can register as either a job-seeker or a job-poster. PRs who were previously registered under our now-defunct Watercooler can contact us to be switched over to either group. We no longer offer a PR service but welcome PRs into the existing site as either job-seekers or job-posters.
ALL GROUPS Once the User is assigned their unique Rachel’s List login credentials, the User agrees to keep this information confidential to prevent any other party from using these credentials. The User agrees to be responsible for any conduct committed under his or her unique credentials. If the User suspects that the security of their login credentials have been compromised due to no fault of the User’s own, please contact us immediately at hello@rachelslist.com.au
Content from Users
All User-created content within Rachel’s List exists as one of the following: Job Advertisement, Short Gig Job Advertisment.
The User is solely responsible for their interactions with other Rachel’s List Users. Rachel’s List reserves the right, but has no obligation, to monitor disputes between The User 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.
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 media, digital, PR or comms 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
We are committed at all times to ensure accuracy and up-to-date information in our job postings, short gig postings, blog and Toolkit resources. However it is an essential pre-condition of using our website that the Users agree to indemnify, defend, and hold Rachel’s List harmless for all damages and costs related to your 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 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 Toolkit, disputes with job-posters or job-seekers, or from any other use of the 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.
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.
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. We are happy to make minor modifications to job ads and short gig ads throughout the duration of the ad listing, but we do not offer refunds on any job postings.
Rachel’s List gives no guarantee to job-seekers 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
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. The User may request and be granted a refund if cancelling within one month of paying a Gold membership fee, if the User feels the service is not suitable or the User feels they 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 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.
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@stage.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 they may contravene or have contravened these Terms and Conditions please contact Rachel’s List to discuss.
